Literature DB >> 36197472

[Legalized deprivation of rights: on the legal construction of dismissal and expulsion under National Socialism].

Michael Martin1,2, Axel Karenberg2, Heiner Fangerau3.   

Abstract

In order to provide a deeper understanding of the mechanisms and background leading to the persecution and expulsion, particularly of physicians labelled as "Jewish" in Nazi Germany, this article outlines their gradual disenfranchisement, through laws and decrees in the years 1933-1939. As the publicly visible terror immediately after the Nazi takeover was rejected in large parts of society, the regime resorted early on to supposedly legal forms of exclusion. With the Law for the Restoration of the Professional Civil Service of 7 April 1933, "non-Aryan" (§ 3) and politically unreliable (§ 4) persons could be removed from office, if necessary, even without any further comment (§ 6). However, regulations for long-standing civil servants as well as the "front-line fighter privilege" reduced the desired effect, e.g. in university medicine in a way that was not intended by those in power. The Reich Citizenship Law of 1935, as part of the so-called Nuremberg Laws introduced the criterion of "German blood". This resulted in a second large wave of dismissals. Outside the universities, a plethora of further defamatory legal norms, from the regulation on the approval of physicians for activities with the health insurances and the Law on Honorary Appointments (both in 1933), the so-called Flag Decree (1937) and withdrawal of the approbation (1938), aimed at the gradual "elimination" of Jewish physicians, which for many of them ended in extermination in the Holocaust. This practice implemented over years was based on a jurisdiction devised especially for that purpose and in hindsight it has been perfectly defined as "legal injustice".
© 2022. The Author(s), under exclusive licence to Springer Medizin Verlag GmbH, ein Teil von Springer Nature.

Entities:  

Keywords:  Jewish physicians; Law for Restoration of the Professional Civil Service; Legislation and jurisprudence; National Socialism; Reich Citizenship Law

Mesh:

Year:  2022        PMID: 36197472     DOI: 10.1007/s00115-022-01308-z

Source DB:  PubMed          Journal:  Nervenarzt        ISSN: 0028-2804            Impact factor:   1.297


  6 in total

1.  [Spinal muscular atrophy].

Authors:  Pascal Martin; Veronka Horber; Joohyun Park; Cornelius Kronlage; Alexander Grimm
Journal:  Nervenarzt       Date:  2022-01-17       Impact factor: 1.214

2.  [Alfred Hauptmann - the fate of a german neurologist of jewish origin].

Authors:  E Kumbier; K Haack
Journal:  Fortschr Neurol Psychiatr       Date:  2002-04       Impact factor: 0.752

  6 in total

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