Law and Morality under Evil Conditions. The SS Judge Konrd Morgen

Jurisprudence 3 (2):367-390 (2012)
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In Anglo-American legal theory the lack of morality was often considered as the main problem of Nazi law. Bringing law and morality together thus seems to meet the challenge posed by the Nazi legal system. In this paper I argue that the mere unification of law and morality is not sufficient to cope with the distortions of Nazi law. By discussing the framework of the SS-jurisdiction and the case of the SS-judge Konrad Morgen I try to show that in the Nazi legal system morality is so deformed that in such circumstances a judge’s aiming for justice has equivocal implications. My conclusion is that we should consider law and morality as two distinct normative spheres and approach the issue of Nazi law using a conception of legality that captures basic requirements of a rule-of-law system.



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Herlinde Pauer-Studer
University of Vienna

Citations of this work

Fuller's Internal Morality of Law.Kristen Rundle - 2016 - Philosophy Compass 11 (9):499-506.
The Distorted Jurisprudential Discourse of Nazi Law: Uncovering the ‘Rupture Thesis’ in the Anglo-American Legal Academy.Simon Lavis - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):745-770.
Trusting our own minds.Dennis Kalde - 2019 - Dissertation, Ludwig Maximilians Universität, München

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