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Holocaust, genocide, and the law : a quest for justice in a post-Holocaust world

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Holocaust, genocide, and the law : a quest for justice in a post-Holocaust world
Call No: 345.0251 B36h

Call Number345.0251 B36h
Dates2017; ©2016
Statement of ResponsibilityMichael Bazyler.
Creators & ContributorsBazyler, Michael J. (author)
Summary"A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the 'crime of crimes' under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels 'Post-Holocaust Law.'" —Publisher
ContentsPart One. The Legal History of the Holocaust and Genocide
  1. The Holocaust: A Legal History
    • Nazi Germany as a Law-Based State
    • The Nazis Come to Power Through Law
    • Legal Measures Against Jews in the Reich
    • War, Occupation Law, and Ghettoization in Occupied Europe
    • Extermination: The Legal Holocaust
    • Aftermath
  2. Naming the Crime: Genocide
    • The Historical Background of the Term "Genocide"
    • The Genocide Convention
    • Use and Misuse of Genocide Terminology
Part Two. Legal Reckoning with the Crimes of the Holocaust
  1. Prosecution of Nazi War Criminals at Nuremberg
    • International Military Tribunal at Nuremberg
    • The Later Nuremberg Trials
  2. National Prosecutions of Nazi War Criminals
    • Prosecutions in Germany
      • The Ulm Einsatzgruppen Trial
      • The Frankfurt Auschwitz Trial
    • The Trial of Adolf Eichmann in Israel
    • Hunting for Nazis in America
    • Retrospective
  3. Civil Litigation for the Financial Crimes of the Holocaust
    • Stealing from the Jews
    • Returning What Was Stolen
    • Why Didn't the Holocaust Restitution Model Work for Other Historical Atrocities?
  4. Holocaust Denial and the Law
    • What Is Holocaust Denial?
    • Criminalizing Speech: Holocaust and Genocide Denial Laws in Europe
    • Should Holocaust Denial Be a Crime?
    • The Future of Denial Laws
  5. The Impact of the Holocaust on Post-Holocaust Legal Philosophy
    • Carl Schmitt and the State of Exception
    • Karl Loewenstein and Postwar Germany's Militant Democracy
    • Gustav Radbruch and the Hart-Fuller Debate: What Is Law?
    • The State of Exception After 9/11
Part Three. The Holocaust as a Catalyst for Modern International Criminal Justice
  1. Nuremberg's Legacy: The UN Tribunals for Yugoslavia and Rwanda and the International Criminal Court
    • Building a Better Nuremberg
    • Creating the Case Law of Genocide
    • Criticisms of the ICTs
    • Nuremberg and the International Criminal Court
  2. Prosecuting Genocide
    • International Prosecutions
    • Domestic Prosecutions
Conclusion: Can Genocide Be Prevented?
Physical Description xxix, 362 pages ; 23 cm
Carrier Typevolume
PublisherNew York : Oxford University Press
  • Includes bibliographical references and index
  • National Jewish Book Award (Holocaust category), 2016
RecognitionGifted in 2020 by Shannon LaBelle & Kevin Forbes
Location in CollectionNew Library Items