2005 Fiscal Year Final Research Report Summary
A Study of Legal Historical and Ideological Factors of Laws for Oppressing the Jews in Nazi Germany
| Project/Area Number |
16530009
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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 |
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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) |
2004 – 2005
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| Keywords | Nuremberg Laws / anti-Semitism / citizenship / human rights / fundamental rights / Georg Jellinek / Max Weber / Carl Schmitt |
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| Research Abstract |
The purpose of this study is to examine the historical and ideological factors of laws for oppressing the Jews, particularly Nuremberg Laws (the Reich Flag Act, the Reich Citizenship Law, Law for the Protection of German Blood and German Honor) of 1935 in Nazi Germany. The approximate contents of this study are as given below.
1.We examined thoroughly the conceptual problems of Nuremberg Laws by referring to their enforcement ordinances and commentaries. As the result of this examination, we acquired a new knowledge on the definitions of "a subject of the State", "a citizen of the Reich" and "Jews". The Reich Citizenship Law distinguishes "a subject of the State" and "a citizen of the Reich", and Jews do not belong to "a citizen of the Reich". This idea results from "the 25 point Programme of the NSDAP"of 1920. The Reich Citizenship Law and "the Programme of the NSDAP" define "Jews" from the point of view of the race and the religion, but this definition has no scientific evidences and scientific proof. Namely in the Reich Citizenship Law all Judaists are regarded as Jews. In other words, Jews mean Judaists
2.We examined the various factors of anti-Semitism by referring to views of Georg Jellinek ("The Declaration of the Rights of Man and of Citizens"), Max Weber ("Ancient Judaism") and Carl Schmitt("Verfassungslehre"). As the result of this examination, the conceptual and historical relationships and differences between "a citizen of the Reich", "citizenship", "human rights" and "fundamental rights" became clear. It is noteworthy that the historical changes of these legal concepts have influence on rights and freedoms of the Jews.
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