2000 Fiscal Year Final Research Report Summary
A Research on Laws for Oppressing the Jews and the Euthanasia Bull in Nazi Germany
| Project/Area Number |
11620006
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Nara University of Education (2000)
Hamamatsu University School of Medicine (1999) |
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Principal Investigator |
SANO Makoto Nara University of Education, Professor, 教育学部, 教授 (90202100)
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| Project Period (FY) |
1999 – 2000
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| Keywords | Nazism / euthanasia / euthanasia law / Jewish problem / laws for oppressing the Jews / eugenics / Carl Schmitt / Max Weber |
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| Research Abstract |
1. The purpose of this research is to show the historical and ideological context of the so-called euthanasia program in Nazi Germany and of the holocaust that actually has been underway since the enactment of the 1935 Nuremberg race laws. Especially, the question we have to ask here is to show the social background of the euthanasia law that was not in the end enacted and many laws for oppressing the Jews in Nazi Germany in the 1930's. I could write a paper about a subject of research, that is Nazi's euthanasia law. In this paper, I clarified some points at issue in Nazi's euthanasia bill that was shelved. We tend to think the application of eugenics as a main cause in Nazi's euthanasia program. But I proved in this paper that the most important cause in Nazi's euthanasia program consists in the benefits to society, the economic efficiency, by using many materials about an inquiry commission for Nazi's euthanasia law.
2. On the study of many laws for oppressing the Jews. I clarified something of some German lawyer's views of the Jews and of a constitutional state. In particular, it became evident that 1) the choice according to circumstances of three concepts of "homogeneity", "a same race" and "the identity of an only race", such as Carl Schmitt argued, became a rhetorical element for oppressing the Jews, and 2) the antagonism between the Germanys and the Jews was artificially created, by distinguishing between "German law (Recht)" and "Jewish law (Gesetz)" and placing Nazi's thought on the side of German's racial law and Jewish thought on the side of legal positivism.
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Research Products
(8 results)
