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Holocaust, Genocide, and the Law Summary

Holocaust, Genocide, and the Law: A Quest for Justice in a Post-Holocaust World by Michael Bazyler (Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies, Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies, Chapman University, Fowler School of Law)

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.

Holocaust, Genocide, and the Law Reviews

While the book dispenses with some scholarly conventions, it also marks the first time that an expert in any field has attempted such an enormous project. For this Bazyler deserves our applause. ... Newcomers and non-specialists will benefit from Bazyler's summaries, and his book offers an excellent resource for engaging students in the issues. * Hilary Earl, Holocaust and Genocide Studies *
This book should be read by every lawyer or social scientist working on issues of genocide, genocide-prevention, or international criminal law. Those who are interested in the role that law itself has played in fomenting genocide should also read this very comprehensive and approachable text. * William R. Pruitt, Criminal Law and Criminal Justice Books *
Bazyler deploys considerable legal expertise to underpin his first, and for readers of this Journal arguably most important thesis: that the Nazi persecution of the Jews, leading ultimately to the attempted genocide of the entire Jewish people, was carried out within a framework of law, even though this was in reality a corrupted and perverted form of pseudo-legality in which only the external forms of true legality were preserved. * Anthony Grenville, The Association of Jewish Refugees *
For the first time in the literature, this outstanding book holistically considers the entire output of Holocaust litigationboth criminal and civil. Bazyler has done a masterful job of weaving together profound doctrinal, philosophical, and historical themes into a powerful narrative that explains how justice emerged in such protean forms from one of humanitys greatest single cataclysms. * Gregory S. Gordon, Professor, The Chinese University of Hong Kong, Faculty of Law *
This book provides a distinctive approach to understanding the Holocaust in specifically legal terms. No one interested in either the Holocaust itself or the ways in which we prosecute human rights violations will want to miss its informed, compelling discussion. * John Torpey, Presidential Professor of Sociology and History, and Director, Ralph Bunche Institute for International Studies, Graduate Center, City University of New York *
Michael Bazyler has written a comprehensive and compelling study of the legal historiography of the Holocaust, the paradigm of radical evil, and of genocide, the crime of crimes. This book makes a singular contribution to the pursuit of international justice, and to the prevention and combatting of mass atrocity and genocide in our time. An indispensable resource. * Irwin Cotler, former Minister of Justice and Attorney General of Canada *
Holocaust, Genocide, and the Law is a carefully crafted and beautifully written analysis of the many ways in which the law was and is deeply implicated in an understanding of the Shoah. Prof. Bazyler crafts a series of important arguments both about the laws dark side and its illuminating and liberating possibilities. This book is a tour de force. * David Fraser, Professor of Law and Social Theory, University of Nottingham School of Law *
A unique and important book. Michael Bazyler presents a broad, up-to-date overview of Holocaust justice ranging from landmark criminal trials to restitution litigation to the prosecution of Holocaust deniers. He also discusses the ramifications of the Holocaust's judicial reckoning on how the world has addressed, successfully or not, contemporary state-sponsored atrocities across the globe. * Norman Goda, Braman Professor of Holocaust Studies, University of Florida *
Prof. Bazylers book is different than other books on the Holocaust. He first depicts the Holocaust as a legal event, arguing that it was the law, and not its absence, that became an instrument for destruction. He then analyzes current efforts to build a legal world based on what he labels Post-Holocaust Law. This book is a must-read. * Dina Porat, Professor emeritus of Jewish history and Head of the Kantor Center in Tel Aviv University, and Chief Historian of Yad Vashem in Jerusalem *

About Michael Bazyler (Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies, Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies, Chapman University, Fowler School of Law)

Michael Bazyler is Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies at the Fowler School of Law, Chapman University. He is the author of Holocaust Justice: The Battle for Restitution in America's Courts (2003), Holocaust Restitution: Perspective on the Litigation and its Legacy (co-authored with Roger Alford, 2006), Forgotten Trials of the Holocaust (co-authored with Frank Tuerkheimer, 2014), and numerous articles on international human rights law. He has testified before Congress and his writings have been cited by the United States Supreme Court.

Table of Contents

Introduction PART I: THE LEGAL HISTORY OF THE HOLOCAUST AND GENOCIDE Chapter 1 The Holocaust: A Legal History A. Nazi Germany as a Law-Based State B. The Nazis Come to Power Through Law C. Legal Measures Against Jews in the Reich D. War, Occupation and Ghettoization in Occupied Europe E. Extermination: The Legal Holocaust F. Aftermath Chapter 2 Naming the Crime: Genocide A. The Historical Background of the Term Genocide B. The Genocide Convention 1. Legislative History 2. Definition of Genocide 3. Actus Reus of Genocide - The Prohibited Acts 4. Mens Rea of Genocide: With Intent to Destroy, In Whole or in Part 5. Genocide-Related Crimes: Conspiracy, Incitement, Attempt and Complicity 6. Proving Genocide 7. Punishment C. Use and Misuse of Genocide Terminology 1. Using and Misusing the G-word: Why Words Matter 2. When Is It Proper to Characterize A Historical Event as a Genocide? Part II: Legal Reckoning with the Crimes of THE HOLOCAUST Chapter 3 Prosecution of Nazi War Criminals at Nuremberg A. The International Military Tribunal at Nuremberg 1. The Rocky Road at Nuremberg 2. The Trial 3. Major Criticisms of the IMT 4. The Holocaust at Nuremberg B. The Later Nuremberg Proceedings 1. The Twelve NMT Trials 2. Noel, Noel, what the hell 3. Legacy of the NMT Chapter 4 National Prosecutions of Nazi War Criminals A. Prosecutions in Germany 1. The Ulm Einsatzgruppen Trial 2. The Frankfurt Auschwitz Trial B. The Trial of Adolf Eichmann in Israel 1. Eichmann Before Jerusalem - The Nazi Era Eichmann's Escape and Capture 2. Eichmann in Jerusalem -The Trial 3. Legacies of Trial C. Hunting for Nazis in America D. Retrospective Chapter 5 Civil Litigation for the Financial Crimes of the Holocaust A. Stealing From the Jews B. Returning What Was Stolen 1. Restitution by the Allies in Occupied Germany 2. German Reparations to Israel and Survivors 3. Holocaust Restitution in the 1990's - A Measure of Justice Fifty Years Later 4. Holocaust Restitution in the 21st Century: The French Railroad Settlement C. Why Didn't the Holocaust Restitution Model Work for Other Historical Atrocities? 1. Herero Genocide Litigation 2. Litigation Against Japanese Industry Arising Out of the Second World War 3. South African Apartheid Litigation 4. African-American Reparations Litigation 5. Armenian Genocide Era Litigation 6. Shutting the Door on Universal Jurisdiction: The 2013 Kiobel Supreme Court Decision Chapter 6 Holocaust Denial and the Law A. What is Holocaust Denial? B. Criminalizing Speech: Holocaust and Genocide Denial Laws in Europe C. Should Holocaust Denial Be a Crime? D. The Future of Denial Laws Chapter 7 The Impact of the Holocaust on Post-Holocaust Legal Philosophy A. Carl Schmitt and the State of Exception B. Karl Loewenstein and Germany's Militant Democracy C. Gustav Radbruch and the Hart-Fuller Debate: What is Law? D. The State of Exception After 9/11 Part III: The Holocaust As A Catalyst For MODERN International Criminal Justice Chapter 8 Nuremberg's Legacy: The UN Tribunals for Yugoslavia and Rwanda and the International Criminal Court A. Building a Better Nuremberg B. Creating the Case Law of Genocide 1. Joint Criminal Enterprise and Genocide 2. Public Incitement to Commit Genocide 3. Command Responsibility and Genocide C. Criticisms of the ICTs Slow start D. Nuremberg and the International Criminal Court Chapter 9 Prosecuting Genocide International Prosecutions 1.ICTR Prosecutions 2.ICTY Prosecutions 3.ICC Prosecutions B. Domestic Prosecutions 1.Nikola Jorgi?: The First Person Convicted of Genocide? 2.Rwandan Genocidaires Conclusion: Can Genocide Be Prevented? Index

Additional information

CIN0195395697G
9780195395693
0195395697
Holocaust, Genocide, and the Law: A Quest for Justice in a Post-Holocaust World by Michael Bazyler (Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies, Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies, Chapman University, Fowler School of Law)
Used - Good
Hardback
Oxford University Press Inc
20161208
392
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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