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HUMA 1825 Note 10.docx

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HUMA 1825
Neil Braganza

HUMA 1825 Note 10 Judgment at Nuremberg: - A city in Germany (medieval dating from the middle ages) - It was practically destroyed during WWII. - Nuremburg Rallies were held in here, and these were Nazi rallies (1933) after Hitler was chosen to power. - Nuremburg is also infamous because of its racial laws: o Passed based on race: notably they concerned how to define groups.  These laws were necessary because of the intermarriage and conversions that have taken place. - It was also the location of the trials. These took place after the Germans were defeated. o There were four countries that sat on the bench.  France, UK, USSR, and US sat on it. o They tried the leaders against crimes against humanity, conspiracy to wage aggressive war, war crimes, doctor’s experimentations trials, and then they judged the lawyers, judges and ministers of justice  “Justice trials” - This film deals with the subject of laws that were passed as a result of the Regime’s power, not because of them being “moral” laws o Creon’s law: consider it a power-to-do-it type of law, despite everyone telling him that it is not the right thing to do.  Nazi laws do the same thing (castration, racial and wartime crimes, not because of moral reasons, but instead because of power). o There are laws that are put into place by someone who can do so.  However, there were forced sterilization of people in USA and Canada) Buck v. Bell 1927 who were deemed to be mentally unstable.  Holmes concluded his decision of “three generations of idiots is enough” o This movie has a Kafkaesque theme where people are charged, convicted and killed for crimes that they didn’t commit o There’s a theme of ignorance: Aristotle talks about the defence and culpability of ignorance: people who didn’t know  Willful ignorance or controlled stupidity: you could know, but you chose not to know.  This isn’t a real defence o The principle theme is the debate of legal positivism and natural law  Prosecution makes arguments on natural law: law must be moral to be considered law and just  Consider Aquinas and St. Augustine: an unjust law is no law at all.  Legal positivists in where the accused says an argument (as best he can) for judges not to make the law, they interpret the law. They’re not responsible for it they simply apply it.  If Ernst is guilty, then everyone is guilty
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