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Nazi racial theory and legislation and the German Jew

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* - NORTHWESTERN UNIVERSITY
NAZI RACIAL THEORY AND LEGISLATION
AND THE GERMAN JEW
A DISSERTATION
SUBMITTED TO THE GRADUATE SCHOOL
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS
for the degree
DOCTOR OF PHILOSOPHY
DEPARTMENT OF POLITICAL SCIENCE
BY
HENRY W. WIENS
EVANSTON, ILLINOIS
AUGUST, 1940
P ro Q u e s t N u m b e r: 10102128
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2.
TABLE OF CONTENTS
Bibliographical Abbreviations.
Chapter 1.
Introduction#
Hypotheses
Soope and Methods
Bibliographical note
6
7.
8
9
10
PART I. NATIONAL SOCIALIST RACIAL PHILOSQPBY.
DER VOLKSTAAT.
Chapter 2.
Some Basic Assumptions of the Volkstaat
Int ro duo t or y
The Concept of the Volkstaat
Racial Kinship
Continuity of the V o l k . Blut und Bo den
The All-importance of Race
The Existence of Race
Guenther’s Definition of Race
Racial Psychology
Racial Inequality
Racial Mixing Harmful
Conclusions
Chapter 3#
Germanic Superiority
Comte Gobineau
Houston Stewart Chamberlain
Theodore Poesche, Carl Penka
G. Vache de Lepouge
Alfred Otto Ammon
Ludwig Woltmann
J. L. Reimer
Chapter 4*
Germanio Superiority (continued)
Nazi Anthropologists
Hans H. P. Guenther
Nordic Characteristics
Reasons for Nordic Decline
Fritz Lenz
Eugen Fischer, Ludwig Clauss
Hitler on Aryan Superiority
Conclusions (to Chapters 3 and 4)
Chapter 5.
The Jewish Problem
Chamberlain on the Jews
11
11
12
14
15
16
20
22
24
25
26
29
31
31
35
42
44
46
47
48
50
50
52
53
56
59
61
62
67
70
71
3.
Guenther on the Jews
Lenz on the Jews
Hitler1s Anti-Semitism
The Jews and Bastardization
The Jewish Plot
Rosenberg on the Jews
Feder on the Jews
Gonolusions
PART II.
75
79
30
82
84
65
87
89
NATIONAL SOCIALIST RACIAL LEGISLATION
Chapter 6. The Character and Significance of
National Socialist Law
The Party Program and Law
Law and the Volksgeist
The Nazis on Positivism
Law Above the State
The Judge and the Law
Ex Post Facto Laws, the Party Program as Law
The Judge Bound by the Volkswillen
Political Character of Law
Judicial Decisions
Conclusions
Chapter 7.
What Constitutes a Jew?
Racial Definition
Definition of Non-Aryan
Requirement of Homestead Law
Definition of Jewish Hybrid
Definition of Jew
Definitions Analyzed
Conclusions
Chapter 8.
Political Rights and Civil Service
Party Program Demands
The De-Nationalization of Eastern Jews
The Nuremberg Laws
Nationality Distinguished from Citizenship
The Deportation Law
The Jews and Military Service
The Jews and the Labor Service
The Jews and the Civil Service
Conclusions
Chapter 9.
The Professions.
The Non-Aryans and the Law Profession
The Jews and the Law Profession
92
92
93
97
99
101
103
105
105
106
109
Ill
111
112
113
116
117
118
120
123
122
123
126
127
129
150
135
137
146
148
148
150
4.
Jewish Counsellors
Jewish Jurors and Commercial Judges
Judges of Labor and Arbitration Courts
Medical Profession
Education
Journalism
Motion Pictures
Tbe Reich Chamber of Culture
Conclusions
Chapter 10* Economic Restrictions and Impoverish­
ment of the Jews
Leasing of Apothecaries
Arms Manufacturing, Auctioneering
Declaration of Property
Jewish Business Enterprises Defined
Effect of Assassination of vom Rath
Damages to Jewish Property
One Billion Mark Fine
Elimination of Jews from the German Economic
Life
The Deposit of Jewish Property
Conclusions
Chapter 11.
Restrictive Social Legislation
The Importance of Blood Purity
Marriage Loans
The Protection of German Blood
The Marriage of Jewish Hybrids
Jews and Female Household Servants
Jewish Identification Cards, Names
Miscellaneous Prohibitions, Against the Jews
Segregation of Jewish Residences
The Reich Society of Jews
Conclusions
Chapter 12.
Bibliography
General Conclusions
151
155
156
157
163
165
167
168
169
170
171
173
173
173
176
177
178
179
182
185
186
187
188
189
191
194
196
198
199
304
306
209
216
6
BIBLIOGRAPHICAL ABBREVIATIONS
USED IN FOOTNOTE CITATIONS
Hoche.—
Die Gesetzbegung Adolf Hitlers;
die Gesetze nebst
Durchfuehrungsverordnungsvorschrif ten in Re job und
Preussen seit dem 5 Q .
Januar. 1955. • • • .in svstemat-
isoher Qrdnung mit Saoh verzeichniss. Herausgegeben von
D r . Werner H o c h e .
(Berlin:
F. Vahlen,
1933 - ), v.l - .
*
J.W. —
Juristisohe Woohensohrift. . . .
Anwaltvereins
McDonald —
(Berlin:
Organ des Deut schen
W. Moesser, to date).
L&ttax QS. Re.aigab.t.ioa oL. I m laa £. McDonald, Higk
Commissioner for Refugees. Jewish and Others. Coming
from Germany (Geneva, 1936), 56 p. League 1936 XII. B 3.,
as quoted in Janowsky, Oscar Isaiah, International
Aspects of German Racial Polio ies (New York:
Oxford
University Press, 1937), 266 p.
M.K. —
Hitler, Adolf, Mein Kampf (New York:
Reynal & Hitch­
cock, 1939), 994 p.
M.K.j-German Edition —
Hitler, Adolf, Mein Kampf
(Munich:
Franz Bher Nachfolger, 1933), 783 p.
Programm -- Feder, Gottfried, Das Programm des NSDAP und
Seine Weltansohaulichen Grundgedanken (Munich:
F. Sher,
1934), 60 p.
RGB 1 . —
Reiohsgesetzblatt, Herausgegeben vom Reichsmin-
isterium des Innern (Berlin:
v. 1 -
•
Reiohsverlagsamt, 1871 -
),
7
CHAPTER 1
INTRODUCTION
This dissertation deals with the relationship of
German racialism, as expressed by National Socialist ideology
and legislation, to the German Jew*
We have divided this
stiudy into two parts, the first part dealing with the relation­
ship of National Socialist Ideology to the Jewish problem and
the second part, of National Socialist legislation to the
Jewish problem.
We are presenting several hypotheses at the
beginning of this study which we will examine in the conclu­
sion of this study in the light of the evidence presented
herewith.
The hypotheses which we wish to examine are*
(1) Does National Socialist ideology profess to oppose
the Jews primarily for racial, or for religious and sociologi­
cal reasons?
(2) Has the National Socialist government consciously
sought,as demonstrated in its legislation, to rid Germany of
her Jewish population elements?
(3) Has the National Socialist legislatiom against the
Jews followed a progressively more stringent pattern?
(4) Has National Socialist racial legislation been in
harmony with the principles of National Socialist ideology?
As Indicated, we are Interested here only in the rela-
8
tionship of National Socialist racial ideology and legislation
to the jews.
It is quite probable that this ideology and legis­
lation has had an effect also upon other subject nationalities,
but this does not come within the scope of this study.
How
the term Jew is defined for the purposes of this study is indi­
cated in Chapter 7, "What Constitutes a Jew?"
Suffice it to
say here that we are accepting the Nazi definition since this
most nearly approximates the scope of the "Jewish" problem
which has arisen.
The scope of this study is delimited somewhat by the hy­
po the sfes stated above, but it would be well further to indi­
cate its scope*
National socialist racial ideology includes
not only the ideas expressed by the National Socialists them­
selves, but also the concepts and assumptions upon which these
ideas are built.
This will include the examination of the
theories of the pre-Nazi racialists, for one cannot understand
the full significance of the utterances of the Nazi racialists
without understanding the unspoken assumptions upon which these
theories are built.
National Socialist legislation obviously
begins with January SO, 1935 when Adolf Hitler became Relchskanzler, and this study will be taken through until the end of
June, 1939.
Our method of organization shall largely be analytical
and topical in character.
Chronology shall be used only in so
far as is necessary to indicate a sequence of events or the de­
9
velopment of Ideas#
In the analysis of the legislation we
shall examine how this legislation affects the Jews in various
phases of life, and see whether there is any general pattern
appearing in it or whether it has been a mere conglomeration
of laws without logical relationship.
We shall also attempt
to discover whether there is any harmony between the racial
philosophy of the Nazis and the racial legislation enacted
by them.
In dealing with the legislation, we rely chiefly upon
pas Heichsgesetzblatt, the official organ for the publication
of the national Laws, Hoche, pie Gesetzgebung Adolf Hitlers,
a semi-official publication of the laws in which the laws
are classified according to subjects and in which a good num­
ber of administrative rules appear which are not published in
the former publication, and peutsches Recht,
gazette of the Academy German Law.
the official
1|e rely chiefly upon
the works and utterances of Hitler, Rosenberg, parre, Guenther,
Feder and others in our study of the National Socialist
racial philosophy, and of course we also examine the writings
of pre-Nazi racialists as Gobineau,
Chamberlain, and the
members of the Anthropo-sociological school.
PART I.
NATIONAL SOCIALIST RACIAL PHILOSOPHY:
D&R VOLKSTAAT
CHAPTER 2
SOME BASIC ASSUMPTIONS OF THE VOLKSTAAT
The purpose of Part I of this study is to determine what
concepts,
if any, of the racial philosophy of National Social­
ism have tended to give rise to the present German Jewish
refugee problem#
A description of the relevant parts of National Socialist
philosophy, together with an analysis of their significance,
will be attempted.
We hope to present a mosaic of the thought
patterns of representative leaders of the government, or phil­
osophical thought, and of racial anthropology of National So­
cialist Germany.
But it is not enough to quote only the leaders of today,
for this movement has roots, and practically everything which
is said by the National Socialists is based upon concepts
which have been widely discussed and generally understood in
Germany during the last half century.
An utterance of a
National Socialist often has significance only in the light
of these earlier philosophies which have been adopted in
whole or in part into Nazi ideology.
the National Socialist philosophy,
In order to understand
it is imperative to study
these roots.
It is not the purpose of this study to examine the sci­
entific foundations of the theories involved.
We are not
concerned with whether the conclusions arrived at are based
on fact or fanoy.
If the theories involved —
the racial theories —
and especially
constitute a scientific error, it is
the business of the anthropologist to reveal this, and not
the political scientist.
Here we are interested only in the
political implications,of these theories.
Some writers of
otherwise scientific repute feel so strongly on these issues
that they becloud the issues with oriticism and oaustioity
to the point of bewildering the readers.
In order to get an
accurate delineation of the theories involved, the National
Socialists will be permitted to speak for themselves, uninter­
rupted by criticism.
We shall, of course, attempt to inter­
pret and evaluate the significance of various statements and
to show their relationship to the refugee problem.
Resort
must also be made to internal criticisms, such as to point
out inconsistencies within the attitudes of a single phil­
osopher, or contradictory ideas or varying shades of mean­
ings expressed by different philosophers.
Since we are dealing with only that segment of the
refugee problem which is Jewish in character, we are con­
cerned here with only such phases of National Socialist phil­
osophy as would affect this group as such.
And since by our
very definition we are dealing with a racial problem —
ically with the Jewish racial problem —
specif­
we are interested
chiefly in such parts of the Nazi ideology as deals with the
racial problem.
Most of these ideas are contained in the
concept of the Volkstaat. which may be stated in the impera­
tive:
Germany must create the Volkstaat.
To restate the problem, the purpose of Part I is to de­
termine whether the National Socialist concept of the Volk­
staat has implications which, if put into effect, would tend
to give rise to conditions which would be considered intoler­
able by the Jews of Germany and thus give rise to the German
Jewish refugee problem.
But what is the essential character of the Volkstaat?
Essentially it is a combination of the organismic theory of
the German people combined with a modified metaphysical con­
cept of the state, the emphasis being placed upon the first
part.
Both of these ideas are deeply rooted in the tradi­
tions of German political philosophy.
The idealistic con­
cept of the state does not concern us in this study, for it
does not have a direct relationship to the exclusively Jew­
ish aspects of the refugee problem.
We will, therefore, turn
to the examination of the other, more important part of the
concept of the Volkstaat. namely, the idea of the organic
unity of the German V o l k .
The German word Volk has peculiar connotations which are
not translated by the English word nation, for it contains
within it the idea of race or at least community of blood.
Professor Lawrence Preuss describes the relationship of the
Volk to the state as follows:
The V o l k , which is conceived primarily as
a raoial community, is the starting point for
political inquiry, and the State is relegated
to a position of secondary theoretical import­
ance. As a living, organic social unity con-
ditioned by ties of Blutgemeinsohaft. the Volk
receives its legal organization in the State.
The term Volk is thus much more than either or both of
the terms nation or nationality.
Lord Bryce distinguished
nation from nationality by the fact that the former is
politically organized, either as a n independent state or
desiring to be independent.
And Professor Garner indicated
that nationality is a "feeling of community of interests
and ideals, of *like-mindedness*" which may result from
any number of factors,
such as a community of race, language,
religion, long residence together, or of other factors as
2.
common traditions, oppressive or historic struggles.
Dr. Conti of the Ministerialrat defines the term as fol­
lows:
According to our conception of a Volk is
a community of men of racial kinship who are
united by a common history, a common future, a
common language, common culture and a feeling
of belonging together.
The most important dis­
tinguishing characteristic is racial kinship,
since that is the one that cannot be influenced
by the will.
The other distinguishing character­
istics. . . . are of a secondary nature.3 *
M. R. Gerstenhauer describes it thus:
"The Volk is a living,
formed, organically organized Volk body.
The state is the
1* Lawrence Preuss, "Racial Theory and National Social­
ist Political Thought,11 Southwestern Social Science Quarterly,
15 (September, 1954), 103-118.
ment
2.
James Wilford Garner, Political Science and Govern­
(New York: American Book Company, 1932), p. 121.
3.
Preuss, op. oit., p. 103.
organized Volk, is the Volk-personality as a legal entity,
. •
The German Volk is the community derived from the people of
4*
German blood."
This idea of Volks-personality is similar
to Herder's Volksseela.
The idea of the continuity of the Volk and of the co­
existence of the past, present and future is especially
strong in Alfred Rosenberg's philosophy, in which he asserts
that the great Nordic heroes of five thousand years ago are
still alive in the German V o l k . He preaches a sort of racial
5.
re-inoarnation.
Another school stresses the doctrine of
Blut und Boden, which envisages a mystical relationship be­
tween the Nordic spirit and Nordic blood toward the Germanic
soil, which has been occupied by the Nordic people through
the centuries.
It further suggests an intimate genealogical
relationship between a farming family and the farm which it
has occupied over a period of generations.
the Minister of Agriculture,
Walther Darre',
is the chief proponent of this
6.
point of view.
4. M. R. Gerstenhauer, Per Voelkische Gedanke in der
Vergangenheit und Zukunft, 1933, p. 11S, in Preuss, loo. o i t .
C f . Karl Loewenstein, Hitler's Germany: The Nazi Background
to War (New York:
The Macmillan Company, 1939), p. 99.
5. Alfred Rosenberg, Der Mvthus des 3 0 . Jahrhunderts:
Sine Wertung der seelisohgeistigen Gestaltenkaempfe unserer
Zeit (Munich: Hoheneichen, 1934), pp. 678-681.
6* Richard Walther Darre, Neuadel aus Blut und Boden
(Munich: J. P. Lehmanns, 1936), and Das B.auertum als
Lebenscuell der Nordischen Basse (Munich:
I. P. Lehmanns,
1933).
Let us now examine the relevant basic assumptions of the
Yolkstaat.
Undergirding the entire concept of the Yolkstaat
is an idea to which we have already referred, namely, that of
race*
It is asserted that all of life and history must be
interpreted in terms of race and blood inheritance.
This
rules out the possibility of interpreting history or present
day events in terms of economics, religion, geography or any
of the other usually accepted bases for interpretation.
ity is all important as contrasted with environment*
Hered­
But one
must must not make the mistake of interpreting life in terms
of individual heredity, for the individual has no significance
except as a member of a racial group, and hence, the racial
group, and not the individual, is the important unit of life.
In other words, we have here a clear out doctrine of "racial
7.
determinism*"
Comte Joseph Arthur Gobineau,
the precursor of the modern
racialist school, based his system of thought, as expressed in
his Inequality of Human Baces. upon this assumption.
In the
dedication of his work to "His Majesty George Y, King of Hano­
ver," Gobineau says:
I was gradually penetrated with the convic­
tion that the racial question overshadows all
other problems of history, that it holds the key
to them all, and that the inequality of raoes
from whose fusion a people is formed is enough
to explain the whole course of its destiny.
7.
Lawrence Preuss, .op. oit* . p. 103.
8*
Joseph Arthur Gobineau, Inequality of Human Baces,
translated by Adrian Collins (Hew York;
Putnam, 1915), p. xiv.
With this approach Houston Stewart Chamberlain and his
modern German successors agree whole heartedly, for most of
their theories have no validity without this assumption.
of these writers,
Many
to be sure, disagree with Gobineau in the
method of evaluating races or in the values placed upon them,
but not with the fundamental assumption of the importance of
race.
Chamberlain, for example says;
Nothing is so convincing as the consciousness
of the possession of race.
The man who belongs to
a distinct, pure race, never loses the sense of it. . .
Race lifts a man above himself:
it endows him with
extraordinary — I might almost say supernatural —
powers, so entirely does it distinguish him from the
individual who springs from the chaotic jumble of
people drawn from all parts of the world. •
Alfred Rosenberg, the high priest of National Socialist
philosophers, expressed the same idea repeatedly in Per Mythus
des 2 0 . Jahrhunderts. in fact, it is a theme repeated with
symphonio variations throughout the entire work.
It is Rosen­
berg's contention that race has beoome the new, all important
myth of the century, thereby replacing Christianity, humanism,
10
and other previous myths which motivated mankind.
.
Rosen­
berg says:
There begins today one of those epochs in
9. Houston Stewart Chamberlain, F oundations of the Nine­
teenth Century, translated by John Lees (New York:
John Lane
Company, 1912), I: 269.
10.
The term myth is used here by Rosenberg in the Sorelian sense of the word, namely, a belief in something (whether
true or false) which motivates to action. Georges Sorel, Reflections on Violence, translated by T. 12. Hume (London: Allen
and Unwin, 1916V.
which world history must be written anew. The
old conoepts of human history are faded, the
outlines of the personalities involved have
been disdrawn, their inner motivations falsely
interpreted, their total being almost entirely
misunderstood. A young, yet recognizably age
old, living emotion surges toward realization,
a Weitansohauung is being born and begins to
struggle against old forms, sanctified usages,
and accepted standards. . . .
But today a whole race begins to peroeive
that values are created only where the law of
blood, whether consciously or unconsciously,
still determines the belief and aotion of men.
Man upon a subconscious level performs the laws
of blood in religion and in life, as if in a
dream, intuitively (natursichtig) , what a fortu­
nate word denotes the essence of this harmony
between nature and civilization.
Until civili­
zation in the process of filling out every sub­
conscious activity of apperceptive and dogmatio
content becomes always more intellectual and
upon the latter level does not cause creative
tension, but division. And so reason and intel­
ligence remove themselves from race and specie;
unloosed from the ties of blood and race, the
individual falls a victim to the absolutely un­
imaginative intellectual pattern, increasingly
severs itself from the natural environment,
mixes itself with antagonistic blood. And as a
result of this blood outrage, personality, Yolk,
race, and civilization die. Nobody who disre­
gards the religion of blood has ever escaped the
revenge of blood. . . .
Elsewhere he states:
History and futurity no longer signify the
struggle of class against class, no more a grap­
pling between church dogma and dogma, but a
division between blood and blood, race and race,
Yolk and Y o l k . And that means: a struggle of
soul values against soul values (Seelenwert) •
But the soul means the race viewed sub­
jectively. And conversely, race is the exter­
ior of a soul. To revive the racial soul to
life means to recognize her supreme value, and
to assign the other values their proper arrange­
ment under her dominion:
in the state, in art,
and in religion.
That is the task of our cen­
tury;
to create a new human type from a new life
myth.1 1 *
In another hook outlining til© fundamentals and objectives
of National Socialism, Rosenberg expresses the idea perhaps
even more succinctly;
"The idea of the genuine Volkstaat was
horn out of the concept of race.
This idea is today the final
12 .
criterion of our judgment of all we do on earth."
But not only is the mystical Rosenberg a confirmed ra­
cialist, but even such hard headed Nazi as Dr. Otto Dietrich,
head of the German Press Bureau, insist upon the fundamental
importance of raoe:
However audacious the suggestion may be,
it is nevertheless incontestably right; National
Socialism has brought about a revolution in the
world of thought, which has corrected a centuriesold intellectual error.
Individualist thought is
based on the erroneous postulate that the human
being is unique and must be considered as such in
all his manifestations.
On this basis, regarded
as self-evident and a priori, but which is funda­
mentally wrong, the philosophy of individualism,
like unto the legendary Tower of Babel, was erected
in the course of centuries.
National Socialism has rendered an epoch-mak­
ing service in stressing that community of blood,
i.e. homogeneity of race, constitutes the only
possible foundation of our intellectual outlook,
and consequently of our activities. With this
emphatic assertion, National Socialism has indi­
cated the way to a further step in the evolution
of human raoe.i3 *
11.
Rosenberg, Per Mythus, pp. 21-22, 1-2.
12. Alfred Rosenberg, Wes e n . Grundsaetze und Ziele der
Nationalsozialistisohen Deutschen Arbeiternartei, das Programm
der Bewegung (Munich:
R. Boepple, 1933) , quoted in M.K., p. 470.
13. Otto Dietrich, A Revolution in Thought
Terramare Office, 1939), pp. 7, 3.
(Berlin:
Practically all National Socialist writers make statements
similar to these.
Let us, therefore, merely conclude with a
statement of Adolf Hitler who preached the importance of race
in Mein K a mnf:
All great questions of the times are questions
of moment, and they represent only consequences of
certain causes.
Only one of them is of casual im­
portance, that is, the question of the racial preser­
vation of the nationality.
In blood alone there
rests the strength as well as the weakness of man.
As long as the people do not recognize and pay at­
tention to the importance of their racial founda­
tion, they resemble people who would like to teach
the greyhound’s qualities to poodles, without realiz­
ing that the greyhound’s speed and the poodle’s dooility are qualities which are not taught, but are
peculiar to the race.
The race question not only furnishes the key
to world history, but also to human culture as a
whole.
In another place Hitler adds laconically,
14.
race in this world is trash."
"All that is not
Of course, the unspoken assumption underlying this "ra­
cial determinism" is that races actually do exist.
This may
seem like trivial point, but it must be pointed out that there
are writers who question the existence of clearly definable
15.
races.
The earlier members of the racial school were usu­
ally careless or indifferent to the careful definition of the
term.
Chamberlain quite frankly stated in his erudite two
14.
U . K ., pp. 469, 470, 406.
15.
Jacques Barzun, R a c e : A Study in Modern Sunerstition (New York: Harcourt, Brace and Company, 1937) •
31.
volume work the Foundations of the Nineteenth Century,"With­
out troubling myself about any definition, I have given a
picture of Race as it is exhibited in the individual character,
in the mighty achievements of genius,
pages of the history of man.
. . .**
in the most brilliant
The present Nazi ra­
cialists have largely accepted Hans H. F. Guenther’s defini­
tion:
” A race shows itself in a human group which is marked
off from every other group through its own proper combination
of bodily and mental characteristics, and in turn produces
16 .
only its like.”
Since race is an anthropological term,
it must be so de­
fined as to permit of anthropological measurements, such as
of the limbs, the skull, other bony bodily structures, as
well as of the fleshy parts of the body.
There must be de­
scriptions of the color of skin, eyes, and hair.
With this
part of the definition most American anthropologists would
agree, and with the stipulation that these characteristics
are inherited.
But with the second part of the definition,
which states that mental
(or psychological)
characteristics
are in some correlated pattern with the physical character­
istics, and with the third part, that mental characteristics
are inherited, American anthropologists would as a whole take
exception.
Their objection is that no substantial proof which
will stand the test of scientific analysis has yet been of-
16.
Hans H. F. Guenther, The Racial Slements of European
History, translated by G. C. Wheeler (London: Methuen and"Com­
pany, "Ltd., 1927), p. 3.
zz.
17.
fered to undergird this theory.
It can be seen from Guenther’s definition of race that
it is fallacious to speak of a white or Caucasian race, for
only in the broadest sense do they have similarities of
bodily features and these are not clearly definable.
More­
over, there is no such thing as a Russian, a Spanish or a
French race, for each of these groups is a political nation
and has no necessary relationship to certain inherited
physical and mental characteristics.
Kor are there Latin,
Germanic, or Slavic races, for these are simply linguistic
groups.
Guenther denies categorioally that language in any
way determines race, for if it did then the American negro
who speaks English would have to be placed in a categorm
related with the Germanic peoples, while the tall, fair,
light-eyed Scot, speaking Celtic, could not be properly clas­
sified with the Germanic peoples!
He also denies that there
is a Jewish race, which he holds is largely a blood kinship
18.
and a faith relationship.
If these are not races, what are then the European races?
Guenther names five of them:
Alpine, and East Baltic.
Nordic, Mediteranean, Dinaric,
The method by which one might dis-
17. See Frank H. Hankins, The Racial Basis of Civilization: q Critique of the Nordic Doctrine (New York and London:
A. A. Knopf, 1931T7 Cf. the work of the famous German anthro­
pologist, Friedrich Otto Hertz, Race and Civilization, trans­
lated by A. S. Levetus (New Yox^k: Macmillan, 1928).
18.
Guenther, Racial Elements, pp. 1-2.
cover whether a person is a member of one or a combination of
these races is to make certain bodily measurements and physi­
cal observations to see into which category he fits.
Guenther
admits that no races as such are really pure, today —
they are
all pretty badly mixed, but there are individuals who, accord­
ing to bodily measurements, are almost or entirely pure.
Be­
cause raoes have been so badly mixed through the ages, it is
quite possible for a Frenchman, an Italian, a Russian, a Span­
iard, or even a Jew to be of the Nordic type.
In spite of
centuries of mixing, pure or predominantly Nordic types exist
in each of these groups, and they can be discerned through a
system of physical measurements.
In fact, Guenther shows the
pictures of Nordic type individuals within the various national
groups named.
It is of course the claim of the Nordic racial­
ist group that practically all of the great individuals of
history and of the present day, regardless of their national­
ity, have at least some Nordic blood coursing through their
veins, which is the ultimate basis of their greatness.
Let us, for the purpose of illustration, examine the
physical characteristics of three of these races.
Guenther
describes them as follows:
The Nordic race: tall, long-headed, narrowfaced, with prominent chin; narrow nose with high
bridge; soft, smooth or wavy light (golden-fair)
hair; deep sunk light (blue or grey) eyes; rosywhite skin.
The Mediteranean race:
short, long-headed,
narrow-faced, with less prominent chin; narrow
nose with high bridge; soft, smooth or ourly brown
or black hair; deep-sunk brown eyes, brownish skin.
The Alpine race:
short, short-headed, broad­
faced, with chin not prominent; flat, short nose
with low bridge; stiff, brown or blaok hair; brown
eyes, standing out; yellowish-brownish skin.1 9 *
It is clear then that individuals fitting perfectly into any
one of these categories would be considered as almost or com­
pletely pure members of that racial group.
The above definition of race indicates that each race has
definite characteristics both physical and mental whioh dis­
tinguish it from all other races, and which characteristics
remain constant generation after generation as long as the
character of the blood does not change through mixing.
If
mental characteristics are thus uniform and constant through­
out a race and for all time, then obviously the individual
is of small consequence for he is like every other individual
of that race, past, present and future.
There may of course
be sLight variations, but these are entirely a matter of de­
gree or intensity, but not of kind.
Individual psychology
is of small importance, while race psychology becomes all
important.
Baron von Bickstedt uses the term community psy­
chology (Gemeinschaftspsvohologie), whioh joins race psy­
chology to Volk psychology.
He says that the great task ahead
is the creation of a community-psychologic-typology (GemeinsohaftsnsYChologisohen Typologje) , from which will be evolved
ao
a hieararch of the values of races.
19*
Guenther, Racial Blements. pp. 5-4.
20. Sgon Freiherr von Sickstedt, Grundlagen der RassenQlogje (Stuttgart, 1936), in Herbert J. SejTigman. "Race
dan (New York:
G. P. Putnam’s Sons, 1959), p. 2&.
Alfred Rosenberg, the most popular Nazi philosopher,
said:
But the soul (Seele) means the race viewed
subjectively. And conversely, race is the ex­
terior of a soul.
To revive the race-soul to
life means to recognize her supreme value, and
to assign, under her dominion, the other values
their proper arrangement:
in the state, in art,
and in religion.3 1 •
The word soul (Seele) in this connection assumes added content
when one recalls that the German term for psychology is Seelenlehre.
Elsewhere Rosenberg says, that the modern "soulless1*
Person who is not aroused by the greatness of King Darius, a
Icing of Aryan descent, illustrates "that personality is born
23.
with a race and dies together with it."
Guenther’s definition of race really includes the next
assumption of the Volkstaat. namely, that there are immutable
physical psychological inequalities among the races.
If
psychological characteristics are inherited in constant cor­
relation to the physically inherited characteristics, then
obviously races differ in their mental and emotional traits
and capacities.
unchangeable.
And being inherited, these inequalities are
Variations within a group are possible through
selective breeding, but not fundamental changes, except by
injection of foreign blood.
Because this assumption is usually discussed with the
31.
Rosenberg, Per My t hus. p. 3.
22.
Ibid., p* 34.
next one, we shall state the two together, the next assumption
being that the mixing of races is harmful, destructive and de­
generative,
Comte Gobineau gave articulate utterance to these beliefs
and became the precursor of the German racialist sohool.
Jacques Baraun summarizes Gobineau*s theorizings in one sen­
tence;
"It boils down to three ideas;
special race character23.
istics, mixture of blood, and decadence,"
Gobineau asserted
that the fall of civilizations was due to race degeneration,
and by race degeneration he meant that the blood of the people
had undergone a change through the infusion of foreign infer­
ior blood,
Eventually the foreign, parasitic element out­
numbered and out-produced the dying primordial stock, caus­
ing hopeless degeneracy.
"Great people at the moment of
their death, have only a small and insignificant share in
24.
the blood of the founders, into whose inheritance they came,
Gobineau derided the idea of the equality or brotherhood
of mankind.
If the brain of the Huron Indian were potential­
ly equal to that of an Englishman or Frenchman, whyf had not
the Hurons produced a Caesar, a Charlemagne, a Homer, or a
Galen, or invented the printing press or steam power?
It is
ridiculous to say that environment made the difference, for
"civilization is quite independent of climate and soil" or
23.
Barzun,
o i t .. p. 77.
24.
Gobineau, o£. oit.. pp. 1-24, 27.
27
.
25.
of the regions in which they exist*
Would a civilization
develop differently on an island than on a continent, in a
forest than on the plains, in the north than in the south,
in the marsh than on the desert?
The world has seen barbarism and civiliza­
tion flourishing everywhere, one after the other,
on the same soil* * * * the learned professor of
Berlin lectures under the same inclement sky that
once beheld the wretched existence of the Finnish
savage.3 6 *
Thus, the differences which exist between raoes today are due
not to circumstances or environment, but to the inherent ine­
qualities between the races.
These inequalities are further illustrated by the insti­
tutions of various peoples*
Institutions are obtained only
through invention or adoption.
ior institutions;
Superior races invent super­
inferior peoples are not even able to adopt
the superior institutions*
Since language is the produot of
and the tool from the mind,
nI may thus lay it down, as a uni­
versal axiom, that the hierarchy of language is in strict cor27.
respondence with the hierarchy of races.rt
Gobineau asserted that the inequalities of races were
28.
immutable;
that these characteristic differences changed
25.
Ibid.,pp* 37, 54-62.
26.
Ibid* .p. 38*
27.
Ibid..p. 40, 204.
28.
Ibid* .pp. 117-140. Writing before
the appearance
of the Origin of Species. Gobineau even suggested
the possib­
ility of the multiple origin of mankind.
only as the race changed with the infusion of foreign blood;
that the degree of civilization possible to a race was in ex­
act ratio to the amount of superior blood within the group; and
that the degeneration of institutions of a people is proof of
39.
a degenerating change of the racial stock.
Are there also inequalities within a single racial group?
Emphatically yes, answered Gobineau, pointing out that so­
cieties originally recognized this through their laws of prim­
ogeniture, system of caste, nobility, and aristocracy, and
their contempt for the foreigner.
It is not quite clear what
Gobineau thought was the cause for these original differences
within racially pure groups, but the present-day differences
are apparently due to the inter-mixture of good and bad ra­
cial stocks within a group, the superior coming to the top,
hence, the upper classes.
nThe lower strata of French people
The 3^ £orm an
30.
abyss over which civilization is suspended.*
have very little in common with the surface.
To Gobineau the conclusion is obvious:
*1 can say pos­
itively that a people will never die, if it remains eternally
31.
oomposed of the same national elements**
As the founder of the modern school of racialism, Gobin­
eau stated clearly and forcefully the argument for the ine­
quality of the races, and his successors have built pretty
39*
Ibid. . pp. 168-1Q0, 42.
30*
lb id., p* 36, 33.
largely on his foundation.
The modern racialists accept this
theory as a well established fact and argue from this premise.
But we shall discuss further the arguments of the modern ra­
cialists in Chapter 4.
Let us for the present close this
chapter with the words of Houston Stewart Chamberlain who
referred to the theories of the equality of the races as
^senselessness,* and, he adds,
’’one is almost ashamed of
32.
having listened to them even with one ear.*
CONCLUSIONS
1.
Those parts of the National Socialist ideology which
deal with the racial idea, and hence have implications which
might give rise to the German Jewish refugee problem, may be
summarized in the concept of the Yolkstaat.
2.
The concept of the Yollcstaat contains the theories of
the organismic unity of the German people, of blood community
and of racial exclusiveness, of the co-existence of the people
of the past, present, and future, and of an intimate blood and
soil relationship.
3.
The underlying assumption of the Yolkstaat is that
race is all important in the interpretation of life —
a clear-
cut racial determinism.
4.
An assumption of the Yolkstaat is that clearly defin­
able races do exist, and that all the members of a race in­
herit an unchanging pattern of physical and mental character32.
Chamberlain, op. oit., I: 519.
istios.
5.
An assumption of the Yolkstaat is that there are
immutable mental and emotional inequalities of the races.
6.
An assumption of the Yollcstaat is that crossing of
races is harmful and degenerative.
CHAPTER 3
GERMANIC SUPERIORITY
One of tlie most Important assumptions of the Volkstaat
oonoept is that there is an inherent superiority of the Ger­
manic peoples which they oan retain only through keeping
their raoe purity.
There are of course several ambiguous
phrases in this statement.
The term TIGermanic peoples” is
somewhat vague, as there is a difference of opinion among
writers as to which of several terms to use.
Such terms as
Germans, Teutons, Aryans, and Nordics are used.
Each writer
uses his own term, which he defines as he pleases.
But it
is unnecessary to delve into all the differences of defini­
tion, as all the modern German writers agree that the hope
of uniting and purifying the Nordics, Teutons, or Aryans,
whichever term is used, lies with the modern German-speaking
people, with the German V o l k .
This will be explained in
greater detail later.
The precursor of the modern German racialist school of
thought, Comte Gobineau, was not the first to speak of the
virtue of the Germanic peoples, for one can trace this idea
1.
back tfc the Roman historian Tacitus,
but Gobineau did
give a forceful, new interpretation whioh gave inception
1.
Tacitus, f,A Treatise on the Situation, Manners, and
People of Germania,rt written in 98 A . D . , to be found in
Tacitus, Historical W o r k s : The History ct Germania and
Agrioola. translated by Arthur Murphy (New York:
S. P.
Hutton & Co., no date), II: 313-314.
to the modern movement.
Without defining what he meant by
raoe, Gobineau asserted that there were three races, which,
given in the order of their superiority, were the white, the
yellow, and the black races.
He describes them as follows:
The negroid man has an animal character, at very narrow
intellect, but strong sense and is given to sensuality.
Capriciousness of feeling destroys his ability to distinguish
between good and evil.
with that of others.
are easily aroused.
killing.
...
He is careless with his own life, and
The emotions of ”this human machine”
,fHe kills willingly, for the sake of
It is very doubtful whether such a conscious-
2
ness (of cruelty)
.
exists in the negro.”
The yellow man is unenergetic and apathetic, and he com­
mits none of the excesses of the negro; he is moderate and
discriminating.
He wants to live the easy, comfortable way*
He is mediocre, unimaginative, lacks initiative, but he can
use what others have invented.
Every founder of civilization would wish
the backbone of his society, his middle class,
to consist of such men. But no oivilized so­
ciety could be created by them; they could not
supply its nerve-force, or set in motion the
spring of beauty and action.
To the white man Gobineau attributes the best qualities.
The white man values life dearly, and is willing to give it
2. Joseph Arthur Gobineau, Inequality of Human Haces,
translated by Adrian Collins (New York:
Putnam, 1915)7
pp. 205-207.
3.
Ibid., p. 206.
up only under extreme circumstances, and the chief motive
for doing so is honor, a concept unknown to hoth black and
yellow man.
The white man knows the value of life, and
consequently knows better how to use it.
He has an immense
superiority of mentality and intellect, which is balanced
by the other races having greater intensity of sensations.
The white man ^is less tempted and less absorbed by consid­
erations of the body, although in physical structure he is
4s•
more vigorous•*
But Gobineau held that even among the white races there
was considerable difference, and the most superior of the
whites were the t1Germanic people* which at one time consti5.
tuted a pure, superior race.
But in his discussions of
what constituted the Germanic peoples, he indicated quite
clearly that he was not referring to the modern Germans, but
to a much larger racial group,
European peoples,
embracing most of the Northern
including the French and the English.
He
believed that the modern English were perhaps the finest ex­
amples of the Germanic people, and he once even said,
6.
Allemands ne sont pas d Tessence germanicrue.*
**Les
The original superiority of the white race is described
by Gobineau in the following language:
4*
Ibid.« p. £07.
5*
Ibid.. -passim.
6.
Frank H. Hankins, The Racial Basis of Civilisation;
a Critique of the Nordic Doctrine (New York and London:
A. A. Knopf, 1931), p. 53.
If the three great types had remained
strictly separate, the supremacy would no doubt
have always been in the hands of the finest of
the white races, and the yellow and black vari­
eties would have crawled for ever at the feet
of the lowest of the whites. . . .
The white
race originally possessed the monopoly of beauty,
intelligence, and strength.
7*
But given our present, and probably increased future,
inter-mixture of races, Gobineau was quite fatalistic about
the decline of mankind.
Through this inter-mixture, the
small are raised, but the great are lowered,
an evil that nothing can balance or repair.
*and this is
• . .
This is
merely at the expense of mankind itself, which is stunted,
abased, enervated,
noblest sons,9
and humiliated in the persons of its
And since the process of race mixing con­
tinues, there *is born a confusion which, like that of Babel,
ends in utter impotence, and leads societies down to the
abyss of nothingness whence no power on earth can rescue
8.
them.*
Elsewhere he adds:
*The blow cannot be turned
aside; it is inevitable.
. . .
The most consummate states­
manship is not able for one moment to counteract the immut9.
able laws of the world.*1
Most of the later racialists do
not accept this hopeless, fatalistic attitude.
Houston Stewart Chamberlain’s Foundations of the Nine7*
Gobineau, op. oit., pp. 203-209,
8.
Ibid., pp. 209-210.
9.
Ibid. , p. 101.
35 .
10.
teenth Century
constitutes a cornerstone to the understand­
ing of the idea of the superiority of the Germanic peoples,
for it was largely ,upon his theories that later racialists
have built.
Many of his ideas are basic to the utteranoes
of the Naxi theorists, who have raad and re-read Chamberlain.
Much of what the Nazis say can be understood only in the
light of Chamberlain1s theories; much of their philosophy
11 .
is simply a re-write of Chamberlain, some of it plagiarism.
We must therefore study Chamberlain1s doctrines in some de­
tail if we would understand the modern racial theology of
National Socialism.
Although Chamberlain agreed with Gobineau upon the
superiority of the pure race, he disagrees with him on how
a raoe becomes pure.
Chamberlain ridicules Gobineau1s flights
of imagination in suggesting the existence of a great, pre­
historic, pure Aryan race which has since degenerated through
inter-mixture with other races.
"Whenever we take a hypothet­
ic. Houston Stewart Chamberlain, Foundations of the
Nineteenth Century, a translation from the German by John
Lees (New York:
John Lane Company, 1912) .
11.
Following the World War, Chamberlain had some
actual contacts with the Nazi movement. The outcome of the
war deeply discouraged him, for he believed that the real
possibility of developing the Teutonic race and culture lay
with the German nation, which had been humbled by the con­
flict. But after meeting Hitler in 1923, he wrote the fu­
ture Fuehrer: ,fAt one blow you have transformed the state
my soul was in. Germany’s vitality is proved if in this
hour of its deepest need-it can produoe a Hitler." M . K . ,
p. 395, footnote.
ioal Aryan for our starting point*
• • we are floating in a
world of abstractions and necessarily pronounce one false
12
judgment after the other.
.
♦ .
Being agnostic concerning the existence of a pure prim­
ordial raoe, Chamberlain believed that race purity and raoe
nobility are created through long period of isolation and
"inbreeding."
Misoegnation becomes, therefore, the "unpardon­
able sin" against the race.
A noble race does not fall from Heaven, it
becomes noble gradually, just like fruit-trees,
and this gradual process can begin anew at any moment,
as soon as accident of geography and history or a
fixed plan. * ♦ creates the conditions.
To support this hypothesis, he cites the illustrations of the
English, the Japanese, and the Sephardim (or "Spanish") Jews.
The English, for example, have been long isolated,
"and thus
has been reared that race which at the present moment is un­
questionably the strongest in Europe."
He refers to the
"noble" Sephardim Jews who are superior because they have
completely prevented the infiltration of any foreign blood,
and have avoided all intercourse with the Ashkenazim (or
"German"! Jews —
the "Bochers" of Friedrichstrasse —
14.
who have not kept themselves pure.
Chamberlain emphasizes:
15.
"Crossing obliterates characters."
Given this condition,
12.
Ibid., II: 206.
13.
Ibid., I: 263.
14.
Ibid., I: 269-275.
15.
Ibid., I: 262. Italics his.
Of.,
I: 292-299.
it is not so important that there should have "been an original
Aryan raoe, but that we decide that there shall be one in the
16*
future.
"That is the decisive standpoint for men of action."
Comparing the "purification" of a race to the improving
of plants or animals through scientific selection and breed­
ing, Chamberlain suggests a set of rules.
stock must itself be "excellent material."
Eirst, the original
Moreover, there
must be some type of selective process whereby the weak and
defective are eliminated, as for instance the exposure of
weak infants among the Creeks, Romans, and Teutons.
A great
race must also be the result of an original mixture of strong,
harmonious groups to produce the proper blend; the mixing
must occur within a very limited period of time and must
cease thereafter.
Continual crossing is damaging, for it
17.
obliterates characters.
But the w o r l d ’s greatest race, to Chamberlain’s mind,
was the Teutonic
Europe as
Tacitus.
race (die G-ermanen)which lived
inNorthern
a pure race, and was so beautifully described by
Lord Redesdale accurately appraised the spirit
of the book when, in the introduction to the English trans­
lation, he wrote:
"The leitmotiv which runs through the
whole book is the assertion of the superiority of the Teuton
18.
family to all the races 6f the world."
Although Chamber­
IS*
Ibid..I: 266, footnote.
17.
Ibid.. Is 269-289.
18.
Ibid.,Is xlix.
lain believed that the old Teutons consisted of the anoient
19.
Germans, Celts, and Slavs,
he did not believe that the
present day descendants of these tribes represented pure
races, and especially not the descendants of the Slavs who
30.
have become quite degenerate through race mixture.
He
indicated that he believed the descendants of the Teutons
21
lived throughout Northern Surope,
including most of France.
To the Teutons, he ascribed almost all the virtues
imaginable.
Their accomplishments range from saving the
Roman civilization from complete destruction at the hands
of the racially degenerate masses of the later part of the
.
Bmpire to the produoing of all the important leaders of
22
Western history.
The Teutons virtually created Western
civilization singlehandedly.
Teutonic blood alone.
”It was Teutonic blood and
• • that formed the impelling force
and the informing power” which ”led to the oreation of a
new world, that is to say, of an absolutely new order of
society adapted to the character, the needs, and the gifts
of a new species of men.”
Later he says that ”the less
- 23.
Teutonio a land is, the more uncivilized it is.”
19.
Ibid.. I: xii.
20.
Ibid., Is 598, 505-511.
21.
ibid., I: xii.
22.
Ibid. .I: 320-328.
23.
Ibid. ,II: 187-188.Chamberlain
said,”If,
however
the Teutons were not the only peoples who moulded
the w o r l d ’s
history, they unquestionably deserve the first place. . . . ”
Ibid. . I: lxvii.
Chamberlain believed that all the great leaders of West
ern civilization were of pure or nearly pure Teutonic blood.
He says that "all those who from the sixth century onward ap
pear as the genuine shapers of the destinies of mankind
whether as builders of States or as discoverers of new
thoughts and of original arts, belong to the Teutonic race."
It was, for example, the pure descendants of the Lombards,
Goths, and Franks who were responsible for the Italian
25.
rlnas oimento.
In describing the physical characteristics of the Teu­
tons, Chamberlain said that many of them had dark hair, as
26.
well as blond, although the skin must be fair.
Usually
the skull was dolichocephalic
be.
(long headed), but it need not
A person need not have all of the Germanic character­
istics to be a Teuton, for these characteristics could not
all be measured according to definite scientific specifica­
tions.
Luther1s head, for example, which most observers
would consider non-Germanic, does not militate against his
being a Teuton.
Chamberlain submits:
"So mighty a person­
ality towers high above such specifications;
it shews us
the outward impression of one of the astonishingly rich
possibilities of development of the Germanic spirit in its
24.
JdSiSL • P i t *
25.
Ibid. . I: lxvi.
26.
Ibid. . I: 522-26.
highest and riohest form."
Luther is certified as being
27.
entirely Germanic, as is also Dante.
Chamberlain thought that perhaps no single person em­
bodied all of the qualities of the true, ideal Teutonic
type which would really be a composite of the character­
istics of the entire race:
The great radiant heavenly eyes, the
golden hair, the gigantic stature, the sym­
metrical muscular development, the lengthened
skull (which an ever-active brain, tortured
by longing, had changed from the round lines
of animal contentedness and extended towards
the front) , the lofty countenance, required
by an elevated spiritual life as the seat of
its expression.
Repeatedly Chamberlain emphasizes the correlation be­
tween physiological and psychological traits.
He insists
that the psychological and moral attributes are biological­
ly inherited by races, as for example,
"Men who do not in­
herit definite ideals with their blood are neither moral nor
29.
immoral, they are simply W i t h o u t morals.’"
In this con­
cept he foreshadows the Hazi idea of racial thinking and
thinking with the blood.
He indicates his belief that "the
power of the idea is supreme," for "the richer the mind, the
more closely and manifoldly is it oonnected with a definitely
27.
Ibid., I: 541.
28.
Ibid.. I: 535.
Chamberlain’s remarks often lack
consistency, for at another time he said, "Whoever does not
possess these physical characteristics, no matter though he
were born in the very heart of Germania speaking a Germanic
tongue from childhood, cannot be regarded as genuinely Germanio." Ibid. , I: 519.
29.
Ibid., I: 309.
formed blood."
Let us therefore not be in too great a
hurry to assert that Germanic ism does not lie
in blood; it does lie in it; not in the sense
that blood guarantees Germanic sentiment and
capacity, but that it makes these possible.
This limitation is therefore a very clear
one:
as a rule that man only is Germanic who
is descended from Germanic ancestors.*50*
The most important psychological traits with which the
Germanic peoples are endowed are love of freedom and loyalty,
and the embodiment of the ideal and of the practical.
The
Germanic peoples have an intense loyalty to leaders of their
31.
own choosing, thus embodying both freedom and loyalty.
This is one of the reasons why the Teuton is an ideal statebuilder.
On the other hand,
"The Teuton is the most ideal,
32.
but at the same time the most practical, man in the world."
Thus it is possible for the same general racial group to
produce a Kant, a Hichard Wagner, a Beethoven who were men
dealing primarily with thoughts and emotions, as well as a
33.
Bessemer, a Bismarck, and an Kdison, who were practical men.
30.
Ibid..I: 521.
31.
Ibid..Is 542-550."Loyalty never was to
our an­
cestors a special virtue, it was the breath of life of every­
thing good and great."
"The Teuton chooses his master,and
his loyalty is therefore to himself." Ibid. . I: 546, 547.
The Nazis use this argument in their-Fuehrer Brinzip in
claiming the Third Belch is truly democratic.
32.
Ibid. .I: 551.
S3.
Ibid..I: 551.
Because of his inconsistencies, it
is hard to interpret Chamberlain. Much more amusing is his
resort to contradictory and unscientifio methods to prove his
Thus we see Chamberlain as the great apostle of Teutonic
superiority.
Let us now look at some of the lesser theorists
who contributed to the establishment of the doctrine of the
superiority of the Germanic peoples.
Among these was Theo­
dore Poesche, an anthropologist and a German disciple of
34.
Gobineau. His positive assertions in Die Arier
that the
tall, fair, blue eyed modern Germans were the only true pos­
sessors of the pure Aryan blood and language did much to
strengthen the belief in the superiority of the blond, long­
headed German.
He asserted that the original Aryans had once
35.
been scattered over various parts of Europe and Asia.
Carl Penka, also an anthropologist, further strengthened
this belief in the superiority of the Germanic peoples by ar­
guing that the blond Scandinavians and Horth Germans repre­
sented the purest descendants of the Aryan race, whose existpoint. He said, for example, "Ambrosius must surely be of
genuine, noble descent, of that strong race which made Rome
great (Teutonic or Germanic); I cannot indeed prove it, for
in the confusion of those times history is unable to furnish
exact information as to the pedigree of any man of importance.
At the same time no one can prove the contrary, so the per­
sonality of the individual must decide the question." (Italics
mine.) Thus he cites Ambrosius to prove that the great men
of Rome were Teutons, and he proves that Ambrosius was a
Teuton by the fact that he was great
by his personality!
Chamberlain’s intuitive method of proving things is indicated
by this example: After referring to Lucian as a "bastard
born of fifty unrecorded crossings," Chamberlain adds, "all
the philologists in the world may assure me that Lucian’s re­
marks about religion and philosophy are profound. • • .-I
shall never believe it." Ibid.. I: 310, 307.
54.
lena, 1878.
35.
Hankins, op. cit., pp. 55, 60.
ence lie postulated.
Originally tlie Aryans had lived around
the Baltic sea from where they had spread south and east,
subjugating the people they met, and improving their langu­
ages and cultures.
Thus the Aryans supplied the leadership
in anoient Home, Greece, Persia, and India.
The cause for
the decline of these empires was that the Aryan leaders
inter-married and gradually died out in the areas whioh were
not their natural habitat.
Hybrid peoples tend to return to
the type whioh was indigenous to the area, as the aborigenes
36
.
types are more completely acclimated.
The theory of correlation between race and psycholog­
ical traits was supported by both Penka and Poesche who es­
pecially contended that there was a correlation between race
and religion.
The independent, strong willed and individu­
alistic dolichocephal (long headed individual) was Pfrotestant,
while the submissive, conservative brachycephal (round headed
individual was Catholic.
37.
rule.
The exception was made to prove the
The theory of the superiority of the Aryan raoe received
strong impetus from the teachings of the school of Anthroposociology or Social Selectionism, which was led by a group
of anthropometrists•
Outstanding among them were two men,
G. Vacher de Lapouge, a Frenchman, and Alfred Otto Ammon, a
36.
Ibid. . p. 56.
37.
Ibid.« p. 56.
German.
This school of scientists insisted that in modern
society as well as in former civilizations, the dolichocephals, who were said to he the Aryans, were superior to the
hrachyoephals, the non-Aryans.
Limitless skull measurements
and racial observations were made to prove the hypothesis
that the upper classes of western European cities were the
blond dolichocephals.
The doctrine of the especially gifted
Aryan race was the anthropologically and statistically un38.
dergirded.
Lepouge believed that the outstanding of Europe*s ten
racial groups was Homo Muropaeus
(the equivalent of the
legendary Aryan) which was contrasted with Homo Alpinus,
Homo Mediteranaeus, and other raoial groups.
Homo Europaeus
was tall, blond, long-faced and dolichocephalic.
Psychol­
ogically they were variable, but the better types were dom­
ineering, self-reliant, enterprising, ambitious and coura­
geous.
They were adventurous and filled with the urge for
progress; excelled in the creation and preservation of
wealth; gifted with foresight and capaoity to take into ac­
count distant places and events.
In religion they were
Protestant; in politics they loved liberty and individual
39.
independence of adtion*
*■
38.
Ibid.« p. 59.
This school really hearkened back
to Comte Henri de Boulainvillers (1658-172S) , **the proud
spokesman for the feudal system, ” whose theory that the
French arlstooracy was of Germanic blood was advanced in a
posthumous work.
39.
Ibid.. p# 107.
Lapouge claimed that the period of greatest activity and
progress in Franoe followed infusions of Teutonic blood such
as from the Normans, the Franks, and the Goths,
He also as­
serted that the superior individuals in French history be­
longed to the tall, blond stock, or hybrids closely approach40.
ing this type.
Although he believed that natural selection tended to
strengthen and perfect the racial type, modern civilization
had perverted this process.
Modern social selection, operat­
ing through differential ratios of fertility, too often made
mediocrity triumphant through the elimination of the superior,
4 1
les eugenicues.
•
From graves in the 17th and 18th century cemeteries in
Montepellier, Lapouge found that the cephalic index for the
upper classes averaged 74,8, the commoners, 70,3, proving
the upper classes in that instance to be more dolichocephalic.
He concluded that dolichocephals tend to rise to the top.
Comparing these old skulls with modern crania, he discovered
an increased brachyoephalization, which he believed was
caused by our perverted social system, for in modern life
the brachyoephalic lower classes become more fecund, while
43.
the dolichocephalic upper classes tend to become acarpous.
40,
Ibid.. p. 106.
41.
Ibid.. p. 103.
43. Lapouge. Les Selections Sociales (Paris, 1096),
anri L fAryen son Hole Sooial (Paris. 1899) . in Hankins, p. 103.
The leader of the Anthropo-sociological school in Germany
43.
was Alfred Otto Ammon*
After making almost innumerable
anthropometric measurements among army recruits and students
in western Germany, he concluded that doliohocephals were
superior to brachycephals.
as Ammon1s law —
His results —
whioh became known
indicated that oity dwellers were decidedly
more dolichocephalic than the people living in the surround44*
ing areas*
Oity dwellers not only had a lower average
cephalic index, but in absolute measurements, their heads
tended to be longer and narrower.
Ammon interpreted these facts to indicate that dolioh­
ocephals were intellectually superior, and that they had an
urge for migratoriness, for city life, and for success.
Ammon believed that society progresses as long as the dolichocephals do not decrease, but unfortunately modern social con­
ditions are unfavorable to the survival of these dolichoce­
phalic upper classes.
He pointed that social inequality and
stratification are the natural result of innate inequalities
45.
of individuals.
43. Among the books in which Ammon developed his the­
ories were; Anthronologiache Untersuohungen der Wehrpfliohtigen in Baden (Hamburg. 1890) ; Die Hatuerliohe Ausles.e beim
Mens oh en (Jena, 1895) ; and Die Gesellschaftsordnung und ihre
Hatuerliohen Grundlagen (Jena, 1895).
44. He found that persons with cephalic indices of 80
or under constituted 57.5$ of those measured in Heidelberg
to only 17.9$ in the surrounding rural area.
Those with indioes of 85 or over were only 4.5$ in Heidelberg, to 25.4/o
for the surrounding rural area.
45. P. A. Sorokin, ,fAlfred Otto Ammon.11^Encyclopedia
of the Social Sciences. I: 36; Hankins, op. oit., 110.
Since dolichooephaly has always been interpreted, as an
Aryan, a Teutonic,
or a Nordic trait, the contribution of
the Anthropological school to the idea of Germanic super­
iority and consequently to the present day concept of the
Volkstaat becomes evident.
In fact, the Nazi racialists
hftve followed and developed the methods employed by the
Anthropo-sociological school.
A large contribution to the idea of the superiority of
the Germanic peoples was made by the enthusiastic, mystical
Ludwig Woltmann who in 1902 founded the Politisohe Anthropologische E e vue.
Having as a young man gone through the
stages of being a fervent Bousseauist, an ardent Marxist,
he later, under the influence of Bernstein and Nietzsche,
became a fanatical adherent to the doctrine of the divine
46.
mission of the blond German.
Following the suggestion of Ujfali and Chamberlain that
the Italians of the renaissance were really Teutonic, Woltmann studied the portraits of these renaissance leaders in
the galleries of Italy and France, publishing his results in
47.
1905 and 1907.
Woltmann studied the portraits to dis­
cover whether the leaders possessed Teutonic characteristics,
and he considered a single characteristic such as an Aryan
46. He wrote some sixty articles and several books,
among which was Politisohe Anthropologic. Eisenach, 1903.
47. Die Germanen und die Renaissance in Italian (Leipzig,
1905), Die Germanen in Frankreich (Jena, 1907, cited by
Hankins, o p . o i t ., p. 91.
nose, or hair, or eyes, or headshape, sufficient to classify
48.
a person as an Aryan, and thus he accounted for his genius.
Woltmann asserted:
"The Teutons are the aristocracy of
humanity; the Latins, on the contrary, belong to the degen­
erate mob."
He classified Leonardo da Vinci, Galileo, Vol­
taire as full blooded Teutons, while Dante, Raphael, Michael
Angelo, and Shakespeare showed an admixture.
Even Julius
Gaesar and Alexander the Great were Teutons, while Napoleon
was probably a descendant of the Vandals.
Whoever has the characteristics of the Teu­
tonic race is superior.
All the dark peoples are
mentally inferior, because they belong to the pas­
sive races.
The cultural value of a nation is
measured by the quantity of Teutonism it contains.
. . . The entire European civilization, even in
Slav and Latin countries, is the work of the Teu­
tonic race.
The Papacy, the Renaissance, the
French Revolution and the Napoleonic .empire were
achievements of the Teutonic spirit.
From the hundreds of pre-Nazi writers who preached the
divine Germanic racial mission —
and from whose ideas the
Nazis have created their concept of the Volkstaat —
we can
select but a few to represent different aspects of this
general stream of thought.
A rather different approach is
represented by J. L. Reimer in Ein PanRermanisoh.es Deutsch­
land. wherein he combined the idea of Germanic superiority
with socialism.
Reimer agreed with other writers in this field that the
48.
Hankins, op,, oit.. p. 91.
49.
Ibid., p. 91.
leaders in the various countries were of Germanic blood#
Con­
sequently, the strifes of Europe had in reality been quarrels
between the various Teutonic leaders#
He suggests that France
once almost established a universal Germanic empire following
the French Revolution, but unfortunately under the false
Gallic label.
Believing that the desire of the workers to improve
their lot indicated Germanic blood in their veins, Reimer
advocated the establishment of a world socialistic imperium
of pure-blooded German workers.
a divine right to rule.
He believed the Germans had
This could be accomplished by con­
quering France, Italy, and Austria so as to make room for
the expansion of the rapidly growing German population.
The
smaller neighbors could probably be brought in by "persua50.
sion.
We now turn to the Nazi philosophers and writers to see
how they have further developed this idea of the superiority
of the Germanic peoples within the conoept of the Volkstaat.
50#
Ibid., pp. 97, 98
50 .
CHAPTER 4
GERMANIC SUPERIORITY (continued)
In the last chapter we discussed the evolution of the
idea of the racial superiority of the Germanic peoples, and
we indicated that this is a basic assumption of the Nazi conoept of the Volkstaat.
Let us, therefore, now examine the
points of view of the anthropologists and philosophers of
the Third Reich.
The outstanding anthropological proponent of the super­
iority of the Nordic race is Professor Hans F. K. Guenther
of the University of Jena, an erudite scholar with a pro­
lific pen.
But Guenther is one of the more reserved of the
racialists, and he makes a strenuous attempt to keep his
writings upon a scientific basis.
His text is always studded
with footnotes from an astoundingly large selection of sci­
entific works in most of the Western European languages.
His careful anthropometric measurements and his literally
hundreds of "type” pictures in each volume add to the sci­
entific worth of the books.
This does not mean that Guen­
t h e r s methods are completely scientific or that his conclu­
sions are necessarily correct, for he often bases his conclu­
sions upon unproved assumptions.
Several of the anthropol­
ogists who have worked together with Guenther are Erwin Baur,
Eugen Fischer, and Fritz Lenz.
These authors agree in most
essentials, and so their views need not be repeated at length.
But even Friedrich Hertz, the famous German anthropologist
51
who opposes their racial theories, commends these writers
for their attempts to meet the requirements of the scientific
1.
methods and for keeping their writings on a dignified plane.
Since the coming of the Third Reich. Professor Guenther
has become almost the official racial spokesman.
Herbert J.
Seligman oharaoterizes him as "the foremost racial theorist
2.
of Hazified Germany."
But this does not mean that either
the government or the party has accepted one system as a de­
finitive racial dogma.
There has been permitted,
in fact,
the free discussion of the various (often opposing) racial
theories, as long as the writers have accepted the fundamen­
tal assumption of the inherent superiority of the Germanic
peoples.
The amazing amount of literature, presenting these vary­
ing points of view, indicates at once the degree of freedom
of discussion on this subject and the affinity of the German
reading public for this type of literature.
The fact that
these books are popularly advertised, cheaply bound, re­
viewed in popular publications, and published in apparently
limitless reprints and editions is proof of their general
popularity.
The technical character of these discussions,
with the constant use of footnote citations, indicates a
popular thirst for the details of biology, anthropology,
1.
Hertz, Race aqd Civilization, p. 172.
2.
Seligman, Race Against Man, p. 21
eugenics and heredity quite untypical of the average Amerioan.
Although this chapter is devoted to the assumption of
the inherent superiority of the Germanic peoples, it must be
stated that Guenther flatly denies that any race or any
national group is more valuable than another, as long as
each maintains its own purpose and purity, for each falls
into fundamentally different and incomparable categories.
This makes comparisons as meaningless as between horses and
dogs*
All one can do is characterize races physically and
psychologically*
Each race then assumes its own special value
in terms of its own mission.
Guenther says;
Here, after the insight has been attained
that each clearly independently living national
group has its own, immutable, unique and incom­
parable worth, which it can preserve and develop
only through the will for a clear and decisive
development of its individuality — then also
are forgotten those senseless appraisals as to
whether this or that nation has "more value*’1
Each nation has a unique value; comparisons are
really all senseless, and only this can be deter­
mined:
that each nation becomes so much more valu­
able. the more it exercises the decisive will for
its pure development. It seems to be necessary for
its preservation and development that eaoh national
group consider itself in some respect as "chosen."
The appearance of Judaism shows how valuable sucha faith is, and that such a faith can preserve a
nation even in the most complete dispersal.
But apparently since races are fundamentally different
and unequal, this would imply a division of labor among the
3.
Hans F. K. Guenther, Rassenkunde des Deutschen
Yolkes (13th ed*; Munich:
J. F. Lehmanns, 1928), p. 491.
Of. Guenther, Per Nordische Gedanken unter den Deutschen
(Munich:
J. F. Lehmanns, 1925), pp* 75-82.
various races, thus the Nordic race, which is more inventive,
energetic and farsighted, would be given the leadership, while
the Mediteranean type, which is docile and unimaginative,
would have to take orders*
Thus each type is equally neces­
sary and of incomparable worth.
But at other times, Guenther
speaks with language which hardly sounds as though he really
believed in the senselessness of making comparisons.
As indicated, all of Europe consists of five races:
Nordic, Mediteranean, Binaric, Alpine, and East Baltic.
There
are other less significant non-European racial elements which
have infiltrated, such as the foreign elements brought in by
the Jews, a slight amount by the Africans, and some by the
Orientals, but we need not
this
point*
concern ourselves about these at
Of these five named groups, the Nordic isindi­
cated as having most of those qualities which most of us
would consider as most valuable and most desireable.
Guenther thus characterizes the Nordic race:
We may take judgment, truthfulness, and
energy to be the qualities which are always
found marking out Nordic man. It is by a cer­
tain mastering of his own nature that he oomes
by his power of judgement and keeps it, stand­
ing as a free man over against himself and
still more over against the influence of others.
He feels a strong urge towards truth and justice,
and shows, therefore, a practical attitude, an
attitude of weighing, which often makes him look
cool and stiff. He is distinguished by a highly
developed sense of reality, which, in combination
with an energy that may rise to boldness, urges
him on to far reaching undertakings.
The Nordic man has the spirit of competitive achievement,
has inclinations toward prudence, reserve, steadfastness,
calm Judgment, and the idea of duty.
has a reserved attitude.
He is unemotional and
He is statesmanlike, and most
European statesmen and leaders in other fields of endeavor
have been of the Nordic type.
ing and traveling.
He is carefree, loves wander­
Town life weighs on him sooner than on
individuals of most European races, and he is not at all
fitted for the routines of mass production.
But since leader­
ship is attained in the cities, the lust for competition
4
draws him thither.
Like most of the Germanic racialists, Guenther believes
that the great accomplishments of previous European eras,
such as during the flowering of Greek and Roman civilizations,
were the work of the Nordio population elements.
would largely hold true to this day.
The same
The decline of these
civilizations is traceable directly to the decline of the
Nordio racial elements within these civilizations.
Guenther
criticizes Spengler in his Decline of the West for not recog­
nizing the denordization of populations as the true cause of
the decline of civilizations.
This whole argument is already
too familiar to bear repetition.
Unfortunately, the peoples
of the Romance languages have already been hopelessly denordicized, while the progress of denordication is in progress
5.
at an alarming speed among the peoples of Germanic speech.
4.
5*
passim.
Guenther, Racial Elements, pp. 51-52.
Ibid., pp. 122-253.
Gf. Rosenberg, Per Mythus»
As previously indicated, Guenther admits that there are
no longer any pure races in the world.
The Germans are a
mixture of several races, especially of the Nordio, Dinaric,
Falic, Alpine
(Eastern), Sudetic, and Western races.
The
Nordic race is predominant over all other types, and over
fifty per cent of the people are predominantly Nordic, while
about ten per cent are of pure or almost pure Nordic types.
Although there are mixtures of all kinds and combinations in
Germany, the most favorable mixture of these is the Nordic
with either the Falic or the Dinaric.
But since all of the
major European races, except the foreign elements brought
in by the Jews, are of a kindred character, they may be
mixed with not too great harm as long as the Nordic element
remains dominant.
The Germans constitute a Blutgemeinschaft
because of the predominance of the Nordic element, and it is
6
the reproduction of this element which is to be encouraged.
.
Throughout his writings, Guenther characterizes the
Nordic race as strong, vigorous,
energetic, and resourceful,
and as having these qualities to a much larger degree than
any other race.
If this be true, then how is the paradox
of the decline of the Nordic race to be explained?
Guenther
gives several reasons.
6.
Guenther, Bassendkunde des Deutschen Yolkes, passim.
Professors Baur, Fischer and Lenz disagree somewhat with
Guenther’s classifications of European races.
Cf., Erwin
Baur, Eugen Fischer, and Fritz Lenz, Human Heredity, trans­
lated by Eden and Cedar Paul (New York:
The Macmillan Com­
pany, 1931), pp. 185-193, 639-640.
The first is that industrialization and mass production,
with its tedious routines and meaningless repetitions, are a
curse to the imaginative, freedom-loving Nordics, and a
blessing to the less oreative races
(minderschoenferisohen
Bassen) , which thrive under such conditions.
During the han­
dicraft age, the Alpine and the Baltic races were handicapped,
for individual ability was at a premium.
But industrializa­
tion has made it possible for these peoples to have large
families and increase the numbers of the less resourceful
people.
One can therefore speak of mass production as "the
sinning of industry against the race and national health."
The Nordic race cannot really accomodate
itself to the regimentation, which industrial­
ization demands.
It needs a freer, a less dis­
ciplined life, it has not the endurance which
is necessary for a single-operation method of
work, not the patience to be chained to a machine,
day after day, year-in year-out, and even to work
like a machine.
The mixing of the races has been the source of untold
damage, for this has not only caused the bastardization
(degeneration)
of race, but also a decline in the propertion
of the Nordio blood with any given national group.
The rea­
son for this is that in our modern mass production civiliza­
tion the docile, unimaginative non-Nordics have a higher
birthrate than the freedom-loving,
imaginative Nordics.
Thus in a national group which has a proportion of Nordics
7.
Guenther,
This and subsequent discussion is to be found in
(Rasenkunde des Deutschen Volkes) pp. 368-394.
and non-Nordics multiple with a gunea pig fecundity can
soon beoom# the completely dominant racial element.
Given
an original half and half population, if this differential
of birthrate were only as three is to four, then within 100
years there would be only 30$ Nordics to 70$ non-Nordics,
and in 300 years only 7$ Nordics to 93$ non-Nordics.
It must not be forgotten that the Nordics are the natural
leaders of the people and that they tend to rise to the top,
even from the most humble circumstances.
It is, of course,
well known that in modern society the upper classes tend to
have fewer children than the lower classes, and the Nordics
which tend to rise to the top are either in this category or
constantly come into it.
Thus Germany faces a suicide of
talent, with the destruction of the very element which fur­
nishes her with her most forceful and capable leaders.
In recent years many Nordic women have remained single
to devote themselves to social service, thus at once permit­
ting the Nordic race to die out and aiding and encouraging
the perpetuation of non-Nordios.
Birth control, which has
become quite common among the upper classes, has further ac­
centuated this process.
Moreover,
in this perverted indus­
trial civilization, Nordic men are frequently attracted by
the sensual non-Nordio girls.
The Nordic woman develops
later in life, whereas the non-Nordic girl often possesses
"einen gewissen Jugendreiz
(beaute de diable) • . • einen
wohl haeuf ig stark sinnlloh wirkenden Beiz.,T He quotes
G o e t h e ’s F a u s t :
"Bohlepn ioh her die derbe Kleine. zu
erzungenem Genusse.” and the "derbe Kleine." he points out,
oould hardly have been a Nordio girl.
In reoent years this
has actually taken the form of marriage, rather than the
extra-marital relations of earlier times.
The mass emigration from Germany to the New World dur­
ing the last century has been a drain upon the Nordic stock
of Germany.
The venturesome, courageous Nordics left their
homes in the Old World to face the perils of the New World,
while the docile races remained safely and comfortably at
home.
The destruction of the middle class during reoent
years has destroyed a link through which the Nordic usually
rose from the bottom to the top, and this destruction has
worked havoc to the welfare of the Nordics who are virtually
suffocated through the necessity to remain at the bottom.
But the greatest tragedy of all was the blood letting
during the World War.
After quoting figures of the losses
of life, Guenther asserts that most of those killed on both
sides were of the Nordic race.
The Nordics are the best
fighters "and the moat sought after for war purposes."
Guenther adds:
"One must consider the War Id War as an es­
pecially strong acceleration of the denordization of Germany
and of Europe.”
From the above discussion,
it is quite cle^ar that
Guenther believes that the responsibility for the mainten­
ance of culture and civilization rests primarily with the
Nordio s.
Although he denies that races can be classified as
having greater or less value, as each one has its own in­
trinsic value and its own contribution to make, he evidences
no frantic fear lest any of the other races should die out
and not be able to make their contribution.
Clearly, at
least from the point of view of the maintenance and devel­
opment of civilization, the Nordio race is of supreme impor­
tance, for the passing of the Nordios would mean the doom of
civilization.
Guenther was encouraged by the attitude whioh he believed
was emerging in the United States with the writings of Madison
Grant and of Lothrop Stoddard, two American racialists, and
especially with the fact that President Harding in a public
address had mentioned Stoddard’s Bising Tide of Color.
And
the Congressional enactment of the restriction on immigration,
Q.
which was most favorable to Nordics, pleased him greatly,
Fritz Lenz, professor at the University of Munich, dis­
cusses at some length the psychology of the various races.
He denies quite unequivocally the theory of the equality of
the mental capacities of the races, claiming that mental
characteristics and capacities vary perhaps as much as the
physical traits.
"From the outset there could be no doubt
whatever that mental racial differences exist," he writes.
"In each race we find that there are average values in the
structure of every organ, the brain included; and therefore
for each race there must be an average kind of mental equip8.
Ibid. , pp. 259-261.
meat*
The question, consequently, is not whether mental ra­
cial differences exist, hut of what kind they are and how in9.
tensive."
He admits, however, the difficulty, in view of
the present limited scientific data, to classify accurately
the mental characteristics of the various races.
But in his
descriptions of these characteristics, he cites extensively,
among other souroes, the intelligence tests given to Amerioan
school children and the Army Alpha examinations of the World
War, making comparisons of the various racial groups taking
these examinations.
He concludes that the Northern Europeans
have, on the whole, a larger mental capacity than the south­
ern Europeans.
Since the Nordio race lives ohiefly in North­
ern Europe, he concludes that the average mental capacity of
the Nordic is higher than that of the non-Nordic European
races.
Moreover, those rating the highest in the tests given
were usually of almost pure Nordic stock.
Lenz agrees with the rest of the racialists in assert­
ing that the leaders of the various civilizations of the past
were of Nordic stock.
He further asserts that the same is
true today.
Modern western civilization is far from be­
ing equably distributed throughout the world, be­
ing mainly concentrated in those countries where
the Ncrdic race greatly predominates or in those
where there is at least a considerable admixture
of Nordic blood.
The great scientific discover­
ies, the most important inventions, and the other
9.
Baur, Fischer, and Lenz, op. eft., Chapter XV
"Psychological Differences between the Leading Races of
Mankind," p. 625.
mental acquirement a of the present day are
almost all derived, either from the north­
western part of Europe (including Finland,
Austria, and Switzerland) or from North
America*
It is indisputable that the population
of aouthern Europe is less well equipped
mentally than that of northern Europe, and
the population of eastern Europe than that
of Western Europe. u *
Kugen Fischer, of the University of Berlin, makes this
bald statement;
"There can be no doubt that even in our days
it is the Nordic strain in the nations which qualifies them
to produce culture, makes them thinkers,
inventors, artists."
Some other racialists are not nearly so reserved in
their attitudes.
Professor Gaueh, for example, pictures the
non-Nordics as men in whom
the broad thicklipped mouth shows their sensual
desire, their false and vindictive grin, their
libidinous suoculation* . . . Non-N<r die man oc­
cupies a midway position between Nordic men and
animals, next to the apes. He is therefore not
a real man, he is in fact not a man at all as
opposed to an animal, but only a transition, an
intermediate stage. Better and more correct,
however, is the designation subman. . . . If
non-Nordics are more closely allied to monkeys
and apes than to Nordics, why is it possible
for them to mate with Nordics and not with apes?
The answer is this.
It has not been proved
that non-Nordics cannot mate with apes.
Ludwig Ferdinand Glauss, one of the most radical of the
racialists, although he denies that he has any political in10.
Ibid., p. 650.
11.
Hertz, 0£. oit., p. 173.
12. Herman Gaueh, Neue Grundlagen der Rassenfor schung.
1933, in Cedric Dover, Half-Caste (London; M. Seeker and
Warburg ltd., 1937), p. 91.
tentions in his r&oial theories, characterizes
the Nordic
as the Achieving man (Lei s tuna smensch) as opposed to the
Mediteranean who is the Offering man (Darbietungsmensoh) .
He characterizes the Nordics as having among other qualities
responsibility, reliability, objectivity, reserve, imagina­
tion, and reflection.
Concerning one such an individual who
is typical of the whole type, he says:
But he will do every service which his
employer requests as if the request had come
from himself, and that means:
he will do it
as good as possible in order to be satisfied
with it in his own judgment. . . . He does
what he does as an achievement for whose per­
fection he is responsible to himself.
If his
employer would ask ot him something which in
his eyes was not right, then he would refuse
without any special emotional display, but with
a self-reliant determination. He can never be
,fa servant" in the bad sense of the word: he
always remains a lord in his service and free
in his service.1 3 *
Fundamental to all of Adolf Hitler’s thinking is the
problem of racialism, which to his is pretty largely a matter
of anti-Semitism.
But it also takes the more positive form
in the belief in the superiority of the Aryan race, which
term he uses rather loosely and nevex* defines.
Certainly
there is no antagonism between Guenther’s Nordio and Hitler’s
Aryan concepts, for Aryan is a loose term which is rapidly
14.
being replaced by the t e r m Nordic.
13. Ludwig Ferdinand Clauss, Ton Seele und Anti it z dejr
Has sen und Toelker (Munich:
J. F. Lehmanns, 1929), p. 3 and
passim. Of., Clauss, Basse und Seele (Munich:
J. F. Lehmanns,
1926).
14.
M . K . , p. 605, footnote.
Cf. Preuss, op. cit. , p. 106.
Hitler says quite plainly and repeats often that the
Aryan race constitutes the highest in the racial hierarchy:
What we see before us of human culture today,
the results of art, science, and techniques, is
almost exclusively the creative product of the
Aryan. But this very fact admits of the not un­
founded conclusion that he alone was the founder
of higher humanity as a whole, thus the prototype
of what we understand of the word ’m a n ’ He is
the Prometheus of mankind, out of whose bright
forehead springs the divine spark of genius at
all times, forever rekindling that fire which
in the form of knowledge lightened up the night
of silent secrets and thus made man climb the
path towards the position of master of the other
beings on this earth. Exclude him — and deep
darkness will again fall upon the earth, perhaps
even, after a few thousand years, human culture
would perish and the world would turn into a
desert.1 3 *
Hitler further asserts that if all mankind should be
divided into three groups:
culture-founders, culture-bear­
ers, and culture-destroyers,
qualify as culture-founders.
then only the Aryans could
It is quite possible for other
races to accept the culture developed by the Aryans and to
put their own characteristic fringes upon this culture, but
no other race is capable of creating culture.
Herewith he
tries to show that the Aryans are of necessity the leaders
and the ruling class in every great society.
In fact, the
Aryans need lower types of individuals to do the menial
tasks for them.
"Without this possibility of utilizing
inferior men, the Aryan would never have been able to take
the first steps towards his later culture.11
15.
M . K . , German edition, p. 317.
The difficulty
Cf. M . K . , pp. 397-398.
64.
is that almost invariably the Afyan rulers gave way to the
temptation of intermarriage*
The Aryan gave up the purity of his blood
and therefore he also lost his place in the
Paradise which he had created for himself* He
became submerged in the raoe-mixture, he gradu­
ally lost his cultural ability more and more,
till at last not only mentally but also physically
he began to resemble more the subjected and abor­
igines than his ancestors*
Por some time he may
still live on the existing cultural goods, but
then petrifaction sets in, and finally oblivion*
•
*
*
*
The blood-mixing, however, with the lower­
ing of the racial level caused by it, is the sole
cause of the dying off of old cultures; for the
people do not perish by lost ware, but by the loss
of that force of resistance which is contained
only in the pure blood#
The reason for the superiority of the Aryan is not far
to seel£.
It is not necessarily because of mental superiority,
but because of the Ary a n ’s unlimited willingness to risk
everything, including his life, in the service of the com­
munity*
This sense of idealism is best expressed in the
17*
German word Pf 1 icht er fuel lung»
Hitler resorts to comparisons between the inter-breeding
of animals of different species to the mating together of
members of various races*
When this takes place in nature,
it frequently results in the sterility of the animal or of
a lowered resistance to disease*
He adds:
As little as Nature desires a mating
16.
M.K. , pp. 398-406.
17#
U . K ., pp. 407-412.
between weaker indivuals and stronger ones,
even much less does she desire the assimila­
tion of a higher raoe with a lower one, since
otherwise her entire previous work of higher
breeding, which has taken perhaps hundreds of
thousands of years, would crash with one blow.
*
Hitler admits that the German people are badly mixed
racially, which he blames largely onto the Thirty Years War
during which much of the pure Aryan stock was killed off,
and after which the inter-mixture with other races took
place.
This makes it impossible for the German people to
have a uniform psychology —
a herd instinct, whereby they
can feel instinctively together what is right and wrong and
how to act.
And of course,
this intermixture causes a de­
cline in the whole population.
He was therefore much op­
posed to the attempts at Germanizing foreign population
elements, which he describes as actually de-Germanizing
19.
the German people.
The primary purpose of the state —
which Hitler terms
the voelkisohe Staat is the promotion of race purity.
The voelische Welt ansohauung recognizes
the significance of humanity in its original
racial elements.
In principle, it sees in the
State only a means to an end, and as its end
it consideres the preservation of the racial
existence of men.
Thus it by no means believes
in an equality of the races, but with their
differences it also recogniz.es their superior
and inferior values, and by this recognition
it feels the obligation in accordance with the
Eternal Will that dominates this universe to
18.
M . K . , German edition, p. 313.
Cf., M.K., p. 392.
19.
This whole discussion taken from M . K . , pp. 589-610.
66 •
promote the victory of the better and stronger,
and to demand the submission of the worse and
the weaker.
•,
*
•
Thus the highest purpose of the folkish
State is the oare for the preservation of those
racial primal elements whioh, supplying culture,
create the beauty and dignity of a higher human­
ity. We, as Aryans, are therefore able to imag­
ine a State only to be the living organism of a
nationality which not only safeguards the preser­
vation of that nationality, but whioh, by a fur­
ther training of its spiritual and ideal abil­
ities, leads it to the highest freedom.
• • • .
Thus a folkish State primarily will have to
lift marriage out of the level of a permanent
race degradation in order to give it the conse­
cration of that institution which is called upon
to beget images of thepLord and not deformities
half men and half ape. - *
Although from a practical point of view it may be neces­
sary for the time being to tolerate some of the non-Nordic
elements within Germany, the state should not tolerate the
inter-mixture of Artfremdes Blut with that of German or
Artverwandtes B l u t .
The duty of the state is to promote
and preserve the purity of the German people from fundamentally
strange blood, such as the Jewish blood.
In other words, it
implies a racial exclusiveness.
Moreover, it implies that a racial unification of the
German people is necessary.
hence the instincts —
Since the psychology —
and
of a nation depends upon its race,
there can be no unified "herd instinct" as long as there is
30.
M . K . , pp. 579-580, 606.
a lack of racial uniformity in Germany.
This uniformity
might he obtained through a general inter-mixture of the
people over a long period of time.
But it is much more
desirable to obtain it through the constant expansion and
encouragement of only one element of the nation —
or almost pure Nordic element.
the pure
Thus, a far superior, uni­
form, pure race will be achieved.
This should be done even
at the expense of the rest of the population, for it is
this element which produces art, culture, civilization, and
21 .
leadership in all phases of life.
This implies that race is the most important thing in
life.
It places the race above the state, religion or class.
It views treason against the Yolk as a
greater crime than treason against the state.
• . • This inner voice demands that the myth
of the blood and the myth of the soul, race and
I, Yolk and personality, blood and honor, alone,
entirely alone and uncompromisingly saturate,
motivate, and determine all of life.^s *
CONCLUSION (to Chapters 3 and 4)
1.
Many of the ideas of the Nazi racialist were taken
directly or in modified form from the pre-war racialist,
especially from Gobineau, Chamberlain, the Anthropo-sociologioal school.
2.
The racial philosophers and anthropologists have,
21.
M*K. pp. 589-610, passim.
22.
Bosenberg, Per Mythust pp. 542, 699.
over a period of time, used several different terms to de­
scribe approximately the same racial group:
and Nordics.
Aryans, Teutons
More recently the term Nordics has come into
more popular and scientific favor.
3.
The Nordio race can be identified through a series
of bodily observations and measurements,
skull.
especially of the
Great numbers of bodily measurements have been made
to prove the correlation between Germanic physical features
and the superiority of achievements of individuals.
4.
The Nordic race is considered the most capable
and talented of any of the human races.
The capacity of
the Nordio race has manifested itself especially in states­
manship, and in cultural and moral achievements.
The Nor­
dics are characterized as possessing energy, vision,
judg­
ment, resourcefulness, practicality, far-sightedness, bold­
ness, an enterprising spirit and other characteristics of
leadership.
These characteristics are inherited through
the blood and can be maintained only through race purity.
5.
The racialists believe that the great leaders of
the civilizations of the past were of Nordic blood, which
accounts for their greatness.
The cause for the decline of
these civilizations was the denordization of the populations
and especially of the ruling classes.
The same principle
still prevails, and modern civilization, art, culture and
science are almost entirely the work of the Nordics.
6#
The German population of today is unfortunately a
mixture of several races, but it is predominantly Nordic,
which gives the German people a B lut g erneins o ha ft.
It is this
pure Nordio element within the population which must be
increased.
7.
In recent years the Nordic elements within the
German population have been declining, largely because our
mass production civilization puts a premium upon the lessresourceful non-Nordic population elements.
The creative,
imaginative Nordio is unable to work in machine-like, mono­
tonous fashion.
Moreover, the adventuresome spirit of the
Nordics and their willingness to fight have both been a drain
upon this element of the population, while the non-Nordics
have remained comfortably at home, and reproducing their
kind.
Q.
The state is not an end, but a means to an end with­
in the concept of the Yolkstaat.
The end is the promotion
and maintenance of the racial purity of the Yolk, and es­
pecially of its Nordic population elements, so that eventu­
ally a pure, superior race with a "herd instinct" may be
produced.
9.
This implies race exclusiveness, and especially as
opposed to any fundamentally strange-blood people such as
the Jews.
CHAPTER 5
THE JEWISH PROBLEM
The final basio assumption of the National Socialist
Yolkstaat is that Jews in Germany present an especially acute
racial problem and threat to the very existence of Western
civilization and culture.
Although anti-Semitism may be traced back to the middle
ages, it is quite unnecessary to do so for this study.
Most
of the pre-war anti-Semitism was not strictly racial, but
largely of a confessional character.
A Jew could usually
remove his political and social disabilities, at least in
Germany, by being baptized into the Christian Church.
Many
a Jew became a German army offioer after his superior had
suggested that baptism would remove the restrictions within
that field.
After joining either a protestant or the Cath­
olic Church, he was considered a full fledged German, and
many of them inter-married, became assimilated, and their
descendants were indistinguishable from other Germans.
The
general belief seemed to be that Jews constituted a con1.
fessional rather than a racial problem.
But this is the very antithesis of the position taken
by the Nazis who insist that this entirely is a racial ques­
tion, that the Jews have tainted blood, which neither bap1.
Jacob B. Marcus, The Rise and Destiny of the German
Jew (Cincinnati: Department of Synagogue and School Exten­
sion of the Union of American Hebrew Congregations, 1934),
pp. 21-37.
tism nor a new religious confession can alter.
tion to the Jewish problem is reversed:
The old solu­
assimilation becomes
the greatest crime against the race, for it leads to bastard­
ization and racial degeneration of the German Y o l k .
It be­
comes necessary to segregate the Jewish elements and perhaps
even to rid Germany completely of this element.
The great pre-war exponent of this point of view was
Houston Stewart Chamberlain, whose Foundations of the Nine­
teenth Century has been characterized as the "Bible of the
2*
anti-Semites up to the War."
Although Chamberlain was a
pre-Nazi writer, his ideas constitute the very foundation
for an understanding of National Socialist racial ideology.
It must be remembered that his book, although written in
1899, enjoys a wide circulation in Germany even today and
has been read with avidity by the Nazis.
Many of the modern
ideas of the Nazis can be traced directly to Chamberlain.
Chamberlain quotes Herder that "the Jewish people is
and remains in Europe an Asiatic people alien to our part
of the world, bound to that old law which it received in a
distant climate, and which according to its own confession
it cannot do away with."
It is Chamberlain's contention
that the Jews systematically attempt to degenerate the
European races through the injection of foreign blood.
The
Jews remain pure so that "not a drop of strange blood comes
2*
Ibid*, p. 33.
72.
in,” while they systematically attempt to pollute the blood
of the Europeans,
Jewish sons are not permitted to marry
Christians, but the daughters are enoouraged to marry Gen­
tiles and be baptized, thus permanently bastardizing the
other races, until eventually there will be ”only one single
people of pure race, that of the Jews, all the rest would
be a herd of pseudo-Hebraic mestizos, a people beyond all
3.
doubt degenerate physically, mentally and morally.”
The Jew is censured as an "alien element.”
"Outwardly
his inheritance was the same as ours; inwardly it was not so:
he inherited quite a different spirit.”
There is, in fact,
a "yawning gulf” which separates the soul of the Jew from
that of the Gentile.
Psychologically these two racial
groups are fundamentally different and incompatible.
Herder
is quoted as saying that the existence of a great number of
Jews is a European state is so dangerous to its welfare that
we "dare not be influenced by general humane principles.”
Goethe is quoted:
”Hov/ should we let the Jews share in our
highest culture when they deny its origin and source?”
And
when the law permitting the marriage of Jews to Germans was
passed in 1823, Goethe prophesied the "undermining of all
moral feelings.”
Chamberlain interprets the sentiment of
these various writers as being that the Jews constitute ”an
actual danger to our civilization and culture.”
3.
Chamberlain, Foundations, I: 330-331.
4-
Ibid.. I: 336-346.
But, as in almost every other matter, Chamberlain seems
inconsistent on this Jewish question, for he says:
One does not need to have the authentic
Hittite nose to be a Jew; the term Jew rather
denotes a special way of thinking and feeling.
A man can very soon become a Jew without being
an Israelite:
often it needs only to have fre­
quent intercourse with Jews, to read Jewish
newspapers, to aocustom himself to Jewish phil­
osophy, literature and art.
On the other hand,
it is senseless to call an Israelite a "Jew,”
though his descent is beyond question, if he.
has succeeded in throwing off the fetters of
Ezra and Nehemiah, and if the law of Moses has
no place in his brain, and contempt of other
no place in his heart. . . .
By renouncing the
idea of Judaism, he iuso facto has left that
nationality.5 *
From this it would seem that the problem might be solved
to Chamberlain’s satisfaction by having the Jews renounce the
idea of Judaism.
But this would be a serious misinterpreta­
tion, for Chamberlain indicates elsewhere, that the Jewish
evil lies in their very blood.
Moreover, if a Jew’s blood
is mixed with that of a German, the resulting offspring is a
bastard.
Chamberlain’s big racial and eugenics slogan is
6
that "crossing obliterates characters.”
And it would also
.
be difficult to tell how effectively and sincerely a Jew
had actually thrown off the spirit of Judaism.
"It is com­
paratively easy *to become a Jew,’ difficult, on the contrary,
f•
almost to the verge of Impossibility 'to become Germanic.'"
5.
Ibid..
J:
491.
6.
Ibid., !*•
262
7.
Ibid.. I: 520.
Thus the Jews place the pure Teutons in double jeopardy:
bastardization as a result of blood-mixing, and spiritual
degeneration through frequent association.
The following quotation from Chamberlain is interesting,
not only as being illustrative of his method, but more partieularly to indicate his belief that there is a definitely
distinguishable, perhaps psychic, difference between Jews and
Germans•
Very small children, especially girls,
frequently have quite a marked instinct for
race.
It frequently happens that children
who have no conception of what ’Jew’ means,
or that there is any such thing-in the world,
begin to cry as soon as a genuine Jew or Jewess
comes near them! The learned can frequently
not tell a Jew from a non-Jew; the child that
scarcely knows how to speak notices the differ­
ence.
Is not that something? To me it seems
worth as much as a whole anthropological congress
or at least a whole speech of Professor Kollmann.
There is still something in the world besides
compass and yard-measure
Let us now examine the attitude of the Nazis toward the
Jews.
There is of course considerable argument as to the
real reason for the Nazis’ antagonism towards the Jews.
It
is frequently claimed that the Nazis stressed anti-Semitism
because they needed something to divert attention from the
problem at hand and someone onto Whom to fasten the blame
for their failures.
And it is argued that the Jews make an
exoe&lent scape goat for this purpose.
Whether this is true
or not is quite irrelevant to this study, for we are study­
8.
Ibid., I: 537.
ing the philosophical basis for the actions of the present
regime in Germany.
The truth or falsity of the charges
which the Nazis make and the reasons for their making them
are q^uite beside the point.
It is important that we examine
the philosophy which is generally expressed and apparently
accepted by the Nazis.
In studying this philosophy, let us turn first to the
most authoritative of the German racialists, Professor Hans
Guenther, whose views are more conservative than those of
many of the other Nazis.
But that does not mean that he
considers the Jewish problem as of small importance, for
his book Die Bassenkunde des Juedischen Yolkes indicates his
strong convictions of its importance.
The Jewish people, says Guenther, do not constitute a
race, but their relationship is largely that of blood kin­
ship and of a confessional character.
Like most other
groups of people, the Jews are the result of considerable
mixing over a long period of time.
The foundations of the
Jewish people are to be found among the hither Asiatic and
Oriental stocks, but there has been i&uch admixture of a
different character, inoluding of negro blood.
And cur­
iously enough, the Jewish blood contains about five to ten
per cent of Nordic blood, which strain was injected during
Old Testament times.
In fact, Guenther shows the pictures
of a good number of Jews who are predominantly of the Nordic
76.
9.
type,
Guenther insists that approximately 620,000 confessional
Jews and at least twice as many non-confessional and mixed
Jews present a real threat to German civilization and to the
10 .
Nordic race.
The threat to German civilization is that it
has become too much permeated with Judaism.
He quotes the
Jewish author, Goldman, who wrote already in 1916, "No
European people has, during the last century, been more
strongly influenced by the Jew and the Jewish spirit than
11 .
the German people*”
To Guenther the problem of the Jewish people was largely
of an ethnic character, for the Jews carried within their
blood —
within their very being —
influences which he fears.
the undesirable foreign
He especially emphasizes that
the Jew injects a degrading Oriental influence upon Germany.
It is not the economic preponderance of
the Jews which in itself has been the cause of
the Jewish problem, and made it a burning one
today,
The influence of the Jewish spirit, and
influence won through economic predominance,
brings with it the very greatest danger1 for the
life of the European peoples and the North American
people alike.
"For what is here at stake is the
unhindered development of the bearers of the high­
est culture of mankind, who, if the process of
9. Hans F. K. Guenther, Bassenkunde des Juedischen
Yolkes (Munich:
J. F. Lehmanns, 1930) ,""pp. 11-*17, 149-158,
172-207, 225.
10. Guenther, Bassenkunde des Deutsohen Yolkes, p.
419. Guenther in a footnote of one of his later editions
quotes the Israelitische Familienblatt: "It is to be hoped
that Dr. G., in the interests of his being able to sleep at
night, never learns the true figure.™ Guenther asks whether
his estimate was too high or too low.
11.
L o c . Pit.
amalgamation with these emissaries of the East
goes further, run the risk in mind and body of
wandering off those paths which their own genius
has marked out for them. ^
Guenther is especially opposed to the assimilation of .
the Jews into the German Y o l k , for it is false to assume
that a Jew ceases to be one when he gives up his Jewish
faith and joins a Christian church.
change the nature of his blood.
Such action does not
And like the other racial­
ists, Guenther refers to the offspring of mixed marriages
as "bastards."
At considerable length he discusses the
problem of mixed marriages, which he believes tend to be
incompatible as evidenced by the high divorce rate in this
category.
Children resulting from such a mixed union are
more likely to be psychopathic and neurotic than otherwise,
but the proportion of highly talented persons, good athletes,
and especially talented actors and actresses born of mixed
marriages is unusually high.
Thus mixtures may sometimes
be helpful, but more often they are harmful, for such
talented offspring tend to be "naturally unbalanced people"
13.
or persons of "tainted genius."
The greatest danger from these mixed marriages is that
the offspring are rapidly assimilated completely within the
German nation, for only ten per cent of the offspring of
12. Guenther, Raoial Elements, p. 78. The quotation
is from Haberlandt, Die Yoelker Burones und des Orients, 1920.
13. Guenther, Bassenkunde des Juedischen Yolkes,
pp. 306, 296-302.
mixed parents remain Jewish, while ninety per cent become a
part of the German people, thus tending to bastardize the
German people.
Guenther believes that in the future the
offspring of mixed marriages will be even more degenerate
than today, for in the past such marriages have occurred
only with the most talented Jews.
The evil effects will
be more evident if marriages are consumated with the aver14.
age run of the Jews.
But a much more serious threat comes from the illegit­
imate relations between Jewish men and German women.
Guenther
believes that the number of such illegitimate offspring runs
very high, particularly since Jewish employers take advantage
of their female employees, and especially their secretaries.
This is bringing about a gradual Judaization of all the
European races, and especially of the Nordic race, as Jews
always choose the blond, fair type.
More than mildly inter­
esting is his description of how Jacob Hirsch seduced many
girls working for him after his seventieth birthday I
Guenther
tells how he has observed many, many persons with Jewish
characteristics among the lower classes of supposedly pure
Scandinavian stock in Scandinavian cities.
Since mixed mar­
riages occur only between the ric;h Jews and upper class nonJews, Guenther assumes that the number of illegitimate offspring Nordic women bear from Jewish, men must be enormous.
14.
Ibid.. p. 303, 301.
15.
Ibid.. 304-305.
15
Doctor Fritz Lenz, who has worked together with Guenther
in some of his racial studies, takes an even more objective
attitude toward the Jews.
At least in his writings before
the advent of the Third B e i c h . he objected to anti-Semitism
and to the idea that the Jews have formulated a secret plot
to achieve world domination.
But he does believe that the
Jews, like all other nations, have certain peculiar psycho­
logical characteristics and Lenz attempts to describe these
objectively.
He insists that the characteristics of the
Jew lie in his blood, that is, are inherited.
Denying
Lsmarokism, he suggests that these characteristics may be
acquired over a period of centuries through the process of
natural selection.
Since Jews were forced to live under
certain curious conditions, the Jews possessing the neces­
sary capacities and characteristics were the ones most apt
to survive.
Thus the Jew aoquired these characteristics
16.
much as the negro his pigmentation.
A detailed description of the Jewish characteristics,
as given by Lenz are not necessary.
Suffice it to say that
he attributes some apparently evil characteristics to them
and many good ones, describing them as a "mental race" and
indicating that they are more talented intellectually than
most Germans.
To Adolf Hitler, anti-Semitism has been elevated almost
16.
B a u r , Fischer, and Lenz, Human Heredity» pp* 666-677.
80.
to a religious belief.
In Mein K a m n f , he indicates that his
hatred of the Jews originated during his years of hardship
and struggle as a young man in Vienna, where there were many
Jews.
At first, he says, he was horrified at the thought
of anti-Semitism, but in time he realized its truth and be­
gan studying the problem seriously.
He finally became con­
vinced that this was not merely a confessional, but a racial
problem, for the evil characteristics of the Jew were not
aoquired but inherited.
"Even I could no longer actually
doubt that they were not Germans with a special religion,
17.
but an entirely different race. . .
Since Hitler accepts the theory of inherited mental and
psychological characteristics,
it is obvious that the actions
of the Jews are dastardly not because the individual Jew is
bad, but because all Jews have tainted blood through which
they inherit these degenerate characteristics.
No Jew can
rise above this, for it is inherent and unchangeable.
It is also impossible for a Jew to become a German,
The Jews cannot possibly feel the German instinots of what
is right and wrong or how to act unitedly and decisively
with the Germans.
The non-Nordic elements within the German
people are at least somewhat related, and consequently there
is a possibility of co-operation between these elements even
though this would lack in Nordic vitality.
17.
M . K . , p. 74.
But the Jew is
SI
completely foreign to the German Volk, and his presence
splits the German people so that a "herd instinct" is im18.
possible.
The Jews inject a degenerative, aberrant, and
disjunctive force into the German people, and his presence
oreates a fundamentally destructive antagonism.
Hitler explained this idea in a speech on April 20,
1925 on "Why are We Anti-Semites?"
Literally, a Jew can never become a
German, even though he often asserts that
he can.
If he wanted to become a German,
he would have to give up being a Jew. That
is not possible; he cannot inwardly achieve
Germanism for several reasons; first, accord­
ing to the blood, secondly according to the
spirit, thirdly, according to the will, and
fourthly, in his aotions. His actions remain
Jewish, and he works for the "great idea" of
the Jewish V o l k . Since this is true and-cannot
be otherwise, the mere existence of the Jew as
a part of another state rests upon an immense
lie.
The Jew is entirely parasitic in character.
"No, the
Jew possesses no oulture-creating energy whatsoever, as the
idealism, without which there can never exist a genuine
development of man towards a higher level, does not and
20 .
never did exist in him."
Although the Jews stand to­
gether in opposition toward the rest of the world, like a
pack of wolves, they disband and turn upon each other the
instant the prey has been devoured.
Again he speaks of
18. The idea of the "herd instinct" is discussed in
M . K . , pp. 598-600, 604, 606.
19. Adolf Hitlers Beden (Munich:
1933), p. 5 5 7
» P * 418.
Deutscher Volksverlag,
82.
them as "a horde of rats, fighting bloodily among themselvesff
SI.
after the booty has disappeared*
If the Jews were alone in this world, they
would suffocate as much in dirt and filth, as
they would carry on a detestable struggle to
cheat and to ruin each other, although the com­
plete lack of the will to sacrifice, expressed
in their cowardice, would also in this instance
make the fight a comedy. . . . The Jew is led
by nothing but pure egoism on the part of the
individual.22*
Hitler discusses at some length the Jewish plot to
achieve world domination as revealed in the so-called "Proto­
cols of the Wise Men of Zion."
The diabolical means used by
Jews to subjugate the world is the bastardization of other
races, and keeping his own race pure, so that he will be able
to rule the degenerate,
impotent races of the world.
This is
to be accomplished by forcing Jewish sons to practice strict
endogamy, while pawning off Jewish daughters to influential
Christians as wives.
The offspring of such mixed marriages
are then to be considered integral parts of the German V o l k ,
23.
and thereby the German people are bastardized.
Moreover, the lecherous Jew attempts to bastardize the
Germans through the seduction and rape of innocent Nordic
women.
For hours the black-haired Jew boy,
diabolic joy in his face, waits in ambush
for the unsuspecting girl whom he defiles
with his blood and thus robs her from her
people. With the aid of all means he tries
SI.
M.K. ,
pp. 416, 415.
22.
M.K.,
pp. 415, 416.
23.
M.K. ,
pp. 422-425, 434.
83
to ruin the racial foundations of the people
to be enslaved.
Exactly as he himself system­
atically demoralizes women and girls, he is
not soared from pulling down the barriers of
blood and race for others on a large scale.
It was and is the Jews who bring the negro
to the Shine, always with the same concealed
thought and the clear goal of destroying, by
the bastardization which would necessarily
set in, the white race which they hate, to
throw it down from its cultural and political
height and in turn to rise personally to the
position of master^
For a raoially pure people, conscious of
its blood, can never be enslaved by the Jew.
It will forever only be the master of the
bastards in this world.
Thus he systematically tries to lower the
racial level by a permanent poisoning of the
individual* 4 *
Elsewhere Hitler is a prolonged philippic against syphilis,
places the shame of that dread disease upon the same repre­
hensible level as Rassenschande (sexual intercourse between
a German and a person of impure blood), the only difference
being that syphilis might be cured, while the results of
25.
Rassenschande were irreparable.
Hitler describes at length how the parasitic Jew has
worked from earliest times to the present, attempting to
gain positions of wealth and influence, and leadership in
business, the professions and government, and especially
also in the press.
While actually growing rich and grind-
84.
» PP* 443-449.
25.
M.K. , pp. 336-342.
84
ing others into the ground, the Jew leads in deceptive
26.
charitable enterprises to gain public confidence.
The
Jews are leaders of both the Left and the Bight of labor
and capital, and it is their purpose to bring on a cataclys­
mic conflict to destroy both of them.
While Moses Gohn, stockholder, stiffens the
backs of his company until it becomes as stern
and uncompromising as possible towards the de­
mands of its workers, Isaac Gohn, labor-leader,
is in the courtyard of the factory rousing the
workers.
^Look at them,11 he cries, nthey seek
only to crush you.
Throw your chains away.Tt
And up above his brother helps make it possible
that the chains are forged at all.^7#
Thus by preaching Marxism to labor, and causing the capital­
ist to grow more unreasonable,
the Jew eventually brings on
the
fratricial struggle.
Through his insidious
the
entire economic and governmental machinery, he
controlof
isable
to seize open control at the moment of this internecine
conflict, and thus his age-old objective of world domination
is achieved.
And the hopelessly degenerate people are des28.
tined for permanent slavery.
But the conclusion is not only the end
of the freedom of the nations oppressed by
the Jew, but also the end of the parasites of
the nations themselves.
After the death of
the victim, sooner or later the vampire also
dies •
•
•
•
•
•
If, with tile help of the Marxian creed,
26.
This whole idea discussed in M.K., pp. 425-451.
27.
Speech of April, 1923, in M . K . , p. 437, footnote.
28.
M . K . , pp. 425-451.
tile Jew conquers the nations of this world,
his crown will become the funeral wreath of
humanity, and once again this planet, empty
of mankind, will move through the ether as
it did thousands of years ago.
Eternal Nature inexorably revenges the
transgressions of her law*
Small wonder then that he adds;
"I believe, therefore, that
today I am acting in the sense of the Almighty Creator:
By
29.
warding off the Jews* I am fighting for the Lord1s w o r k .
The man who has done perhaps as much as anyone also to
popularize in Germany the theory of a Jewish world plot is
Alfred Rosenberg.
Aside from his Mythus des 20. Jahrhunderts*
in which he discusses this theory at some length, he has
written the book, Die Frotokolle der Weisen von Zion und
50.
die Juedische Weltnolitik.
But Rosenberg goes even fur­
ther and sees not only a Jev/ish world plot, but also yel­
low and black plots among the negroes of Africa and the
31.
Orientals of Asia!
Rosenberg is disturbed by the Western world’s adoption
of the Jewish God as its own, but points out that this could
have never been possible except that the esthetic ideal of
Jahweh was changed by the Medieval artists to a Nordic ideal,
for the Europeans would have never accepted a God with a
29.
451, 84.
M . K . , German edition, pp. 353, 70; Of., M .K., p.
30. Alfred Rosenberg, Die Protokolle der Weisen von
Zion nnfl die Juedische Weitoolitik. (Munich:
Deutscher
Volksverlag, 1933).
51.
Rosenberg, Der Mythus * pp. 667-672.
hooked nose, a hanging lip, piercing black eyes, and woolly
32 •
hair.
Moreover, he sets up Shylock and Mephistopheles
as true Jewish types, while the heroic Siegfried represents
33.
the Germanic ideal.
He thus tries to picture Judaism as
the incarnation of depravity.
Rosenberg agrees with Hitler that the Jews are incap­
able of organizing their own national state, that they would
disintegrate and fall to fighting each other.
An attempt really to organize an organic
community of Jewish farmers, workers, artisans,
technicians, philosophers, soldiers and states­
men contradicts all the instincts of this anti­
race, and is doomed from beginning to collapse,
if the Jews would be allowed to remain entirely
by themselves.3 4 •
The reason for this is that the Jews are parasites
(Sohmarotten) who can only live off of other peoples.
Whenever the power of a Nordic spiritual
flight begins to weaken, then this filthy
ing sucks at the laming muscles of Ahasuerus;
wherever a wound is torn into the body of a
nation, the Jewish demon constantly eats into
the sick place, and as a parasite, he utilizes
the weak moments of the great of this world.
It is not so much the faot that the Jew attempts to gain
world domination which enrages Rosenberg, but rather the
technique of deceit which they employ to aohieve this end.
32.
Ibid., p. 294.
Cf. p. 462.
33.
Ibid.*
p. 411-412.
34.
Ibid.,
p. 464.
35. The Persian king who spared the Jews because of his
Jewish wife Esther.
This intensely dreaming parasite is motivated
not to achieve mastery through conflict as a hero,
but to make the world "tributary" to him. Hot
fighting, but deceiving; not serving values, but
taking advantage of devaluations, so reads his
law, according to which he has begun and from
which he cannot escape -- as long as he exists.
36.
Later Rosenberg refers to the Jews as a "cancer."
Almost the identical ideas have been expressed by prac­
tically all of the Nazi leaders at one time or another.
us qpiote from but a few more.
Let
Ottokar Stauf von der March
makes the following attack upon the Jewish religion.
That the Jews represent a race of lesser
value is subject to no doubt, a people whose
"holy writings" contain so many highly critical
and, indeed, objectionable passages can be termed
appropriately only as inferior. All the "heroes"
of the people of Israel. . . — whether they be ■>
patriarchs or judges or kings — what are they
but mere traders, sensualists or atrocious bar­
ber ians?37.
Gottfried Feder, whose commentaries of the Twenty-Five
Point Program of the National Socialist Party has been adopted
38.
as the official interpretation,
declared in his commen­
tary:
Whoever sees in the Jew only " & German citizen
of Jewish faith" — and not an alien, strongly ex­
clusive nation of parasitic tendencies, cannot under­
stand the indispensibility of this demand. Whoever
declares that a kohlrabi, which has accidentally
grown up in a strawberry patch, is a strawberry
plant, or who believes that as a result of encour­
aging talk he will be able to harvest strawberries
from it deceives himself, even as does he who be­
lieves that a young lion, which is thrown into a
flock of sheep, will become a sheep."
36.
Ibid., pp. 460-461.
37.
Quoted by Preuss, Southwestern Social Science
Quarterly. 111.
38. P r o g r a m , p. 18.
39.
Ibid., p. 39.
The above indicated opinions of the National Socialist
leaders show how fundamentally the National Socialists be­
lieve the dews differ from the Nordic race, from the whole
German nation, and even from the entirety of European civil­
ization.
There are several rather clear implications which are
to be drawn from the above
Socialist racialists*
stated opinions of the National
It has been indicated that an imper­
ative of the National Socialist philosophy is that Germany
must establish a Yoltestaat.
This means that a state must
be formed which will stress the racial relationship of its
members, that persons belonging to it shall have Blutgemeinschaft. or as the Party Program declares,
"Only a Yolks-
genosse may be a citizen." Then it adds, "No Jew may there40.
fore be a Yolksgenosse.n
This implies, therefore, both
a national and a political exclusiveness of the German
nation toward the Jews.
Moreover,
it is charged that the Jews are attempting to
bastardize the German people.
This is because the Jews are
inherently lecherous, and because they widi to degenerate
the German people so as to be able to completely dominate
them.
The solution is qnite obviously to segregate the
Jews, and to prevent all sexual intercourse between Jews
and non-Jews, whether marital or extra-marital.
Since the Jews are attempting to influence the Germans
with a Jewish spirit and to gain positions of leadership in
the professions, business, labor, and government so as to
be able to foment world revolution and to achieve world domdomination as a result of this chaos, it is obvious that the
Jews should be eliminated completely from these positions,
and their influence should be exorcised from German life.
But all of these are at best frnly partial solutions
to the Jewish problem, for as long as the Jew remains within
Germany he presents a threat.
During some future crisis, or
perhaps in some deoeitful manner, he may take advantage of
Germany*s temporary weakness or play upon the sympathies of
the German people to relax these restrictions against him.
A peimanent and lasting solution may be found, therefore,
only in the complete expulsion of the Jews from Germany.
This would of course create a German Jewish refugee problem.
In Part II of this study we shall see to what extent
the above principles have been embodied in the legislation
of the Third Beich.
CONCLUSIONS
1.
The Jews constitute a dangerous, degenerate people,
essentially of a parasitic character, and who are not capable
of producing any independent culture.
They are, in fact, a
threat to Western civilization.
2.
Because of their essentially selfish and parasitic
natures, the Jews are unable to form their own state.
If
they were to be left entirely to themselves, they would soon
destroy eaeh other*
3*
The Jew is racially fundamentally different from
the German people.
He can never be more than an alien ele­
ment within the German nation.
Moreover, his presence in
Germany, and especially when his blood is injected into
the German people, causes internal dissension and makes
impossible the achieving of a "herd instinct" within the
German people.
4.
Jews attempt to infuse their blood into the German
Yolk, and bastardize it.
While maintaining his own racial
purity, the Jew attempts to degenerate the German Volk so
that he might eventually subjugate it.
For this reason,
the Jew marries off his daughters to influential Germans.
Moreover, the Jew is lecherous and desires to rape or seduce
German women, and especially of the Nordic type.
5.
The Jews attempt to gain positions of prominence in
the professional, economic and political life of Germany, so
as to be able to foment discord between the various elements
of the German population and eventually bring on a revolution.
At this point, they will openly seize control and grind the
German people under their heels.
6.
The implications of these theories are:
91
(a)
That there must he national and political exclusive­
ness as opposed to the Jews.
(h)
That Jews must he segregated from non-Jews, and that
all sexual intercourse between Jews and non-Jews
must he prevented.
(o)
That Jews must he completely eliminated from the
professional, economic and political life of Germany,
(d)
That the Jews must he expelled from Germany.
98
PART II.
.
NATIONAL SOCIALIST RACIAL LEGISLATION
CHAPTER 6
THE CHARACTER AND SIGNIFICANCE OF NATIONAL SOCIALIST LAW
Before being able to discuss intelligently the National
Socialist racial, and especially the Jewish, legislation, we
should have an understanding of the oharaoter and significance
of law in the Third Reich.
The Nazis are entirely correct in
claiming that their movement revolutionizes the meaning of
law, for this new meaning differs fundamentally from that
usually accepted in the liberal Western world, despite cer­
tain surface resemblances.
categories:
Let us discuss this within three
the significance of law, the character of law,
and the interpretation of law.
From the very beginning the National Socialists have
insisted that German law needed to be revised to fit their
ideology.
In point 19 of the "Program of the N.S.D.A.P."
adopted February 25, 1920 in Munich, the following is as­
serted:
"We demand the enactment of a system of German
Common Law to replace the Roman Code, which is based on the
1.
protection of the material order of things."
But on the
surface this may not seem extremely significant until one
realizes that what the Nazis mean by a "system of German
Common Law" is not at all conformable to what we think of
of common law.
1.
Gottfried Feaer, Das Programm der N.S.D.A.P. und
seine Weltansohaulichen Grund&edanken (Munich: F. Iher,
1934)• Hereafter, Programm.
In the Third Reioh law is the expression of the Yolksgeist.. the term Yolksgeist being a somewhat metaphysical
term referring to the collective will of the people, a term
approximating Rousseau’s ambiguous volonte general.
It
would perhaps be more illuminating to say that the express­
ion of the Yolksgeist is law.
Thus it can be seen at once
that law need not necessarily be what is on the statute
books.
Under this system, law is whatever is right from the
point of view of the Y o l k , because it is in conformity with
the will of the Y o l k .
Just as the German people within the Reioh have a cer­
tain Weltanschauung, they also have a definite Rechtsansohauung. which really constitutes a part of the Weltan­
schauung .
This Reohtsanschauung. which embraces every phase
of life and activity, is really the expression of the Yolksgeist.
Elsewhere we have discussed the significance of race in
the Nazi ideology, showing how fundamental it is to the rest
of National Socialist philosophy.
important relationship toward law.
Racialism has an equally
According to the racial
interpretation of life, all of a nation’s thinking and psy­
chology depends upon the character of its blood.
All of
these characteristics are inherited and, consequently,
utterly immutable.
A nation cannot change its ways of
thinking and attitudes without having first changed the
fundamental character of its blood through an infusion of
foreign blood.
To be sure, for a time a nation might be sub­
ject to foreign influence in their thinking,
as the Germans
were during the period of the Republic, but this is wholly
artificial.
Clearly then the Yolksgeist and consequently the Rechtsansohauung depend completely upon the blood and upon the
purity of race.
A people which thinks with its blood must
enact laws with its blood.
Or more accurately, the law is
inherited through the blood, together with every psycholo­
gical reaction.
Thus law is not necessarily what is enacted,
but law is fundamentally what is right acccarding to the in­
herited, unchangeable feeling of the Yolk.
Thus Dr. Helmut Nicolai, who is engaged in the formu­
lation of a project for the reconstruction of the Reioh
Constitution,
indicates that the German Recht is the spon­
taneous emanation of the Nordic Bassenseele. whereas Gesetz
is the law of external might which is produced by inferior,
mixed peoples.
This great advocate of Rassengesetzliohe
Reohtslehre (Legal theory according to the laws of race)
said that in the old German conception
law was innate and was transmitted by blood. As
the blood, the inner nature, came from the gods,
so also did the law. Recht is a law of life, and
is born with man, that is to say:
every man brings
with him social instincts which tell him how he
must act in order to make possible an ordered life
with other men. This instinct, which indicates the
law, is the conscience.
It is the social impulse,
the legal impulse, which points out what is correct
95.
2.
or false, what Is good or "bad.
It is clear that every nation must have its own system
of law, corresponding to its own nature.
And a mixed nation
which lacks a clear, unified Weltanschauung cannot produce
true law.
"The man of pure race decides quite correctly —
artlessly, surely, and instinctively.
The mixed person must
choose between various possibilities.
He lacks firm feeling
and singleness of conscience.
He does not feel what is good
3.
and what is evil; he must first decide."
The "inborn capa­
city" of the racially pure man
to feel, to judge, to know what is right (Becht)
and how one must act in order that peace and or­
der may be preserved in the community, was trans­
mitted to the Nordic man by his ancestors, by the
gods themselves — not as a learned science, not
as an externally transmitted wisdom, but through
the natural disposition of the blood. Not every­
one, therefore, can know the law, but only one
whose race is pure, who has been produced in gen­
uine marriage between like beings, and whose family
tree is free from alien admixture. Law, therefore,
can be known, established, proclaimed and announced
only by Aryan, Nordic men. Hence, the Nordic man
alone is destined to legal creativeness
that is,
to the creation of law out of the original spring
of wisdom.
National Socialism quite willingly acknowledges its in­
debtedness to the school of jurisprudence and especially to
Savigny and his concept of Yolksgeist.
But it criticizes
Savigny as being vague, mystical, colorless and empty because
2. Dr. Helmut Nicolai, Die Bassengesetzliche Bechtslehre? Grundzuege einer nationalozialistischen Bechtsphiloophie. 1932 (Nationalsozialist ische Bibliotek, 39 H eft), in
Basse und Becht, 1933, p. 13, in L. Preuss, "Germanic Law
versus Boman Law in National Socialist Legal Theory," Journal
of Comparative Legislation, 3d ser. 16 (November 1934) 2by-Eio.
3.
4.
Nicolai, op. Q.it., p. 27.
I M x L , PP. 13, 14.
of his ignorance and consequent lack of application of the
idea of Bassenkunde to law#
For only through the applica­
tion of the racial idea to Yolk does Yolksgeist assume its
5•
true significance#
If law is then something which is to be felt instinct­
ively and which cannot be known by anyone but a Nordic,
then law is obviously much more than the technical phrase­
ology of a legislative enactment.
It may, in fact, be
something entirely different or contradictory to such en­
actments, and the wording of the laws, perhaps even the laws
themselves become unimportant, when compared to the spirit
of the people, and the reason for which that law was enacted
Herein it can be seen to be fundamentally at variance
with the theory of law usually accepted in the Western world
which is derisively called the materialistic Jewish-Roman
system.
This system resulted in Rome from the racial deter­
ioration, thus giving the Jews an opportunity to control the
empire and the formation of its laws through their financial
control#
Drawn up by people who were racially mixed and in­
ferior, the Roman system became a mere body of rules, which
it became clever to circumvent through technicalities,
rather than a living spirit of the moral will of the people#
Roman law was thus almost exclusively a matter of reason
(Yerstand) rather than of the soul (Seele) #
5.
Ibid.. 26, 3#
Therefore,
Homan law became a juristfs law which sought justice sim­
ply through a mechanical application of the rules of law.
Homan law was essentially positivistie in approach, being
the command of the state from above which was enforced up­
on the people, and not binding upon the sovereign power
itself.
German law, being simply the Yolksgeist or the
moral expression of the people was a living, dynamic rule
of action which "sprang from the spiritual soil of the
people* and since its basis of non-volitional, was binding
6.
for the people and the rulers alike.
Although the National Socialists feel that the histor­
ical sohool of law is a lifeless, incomplete, and blundering
attempt to find the proper interpretation of law, which true
interpretation can be found only in the racial theory, they
believe that the positivistie school of law is falacious in
its entire tendency.
The Austinian theory that law is the
enforced command of the sovereign shows a lack of racial
feeling and the influence of the Jews who are without a
true moral feeling.
Since the Jew does not feel what is
right, he must work it out with his reason.
The Jew there­
fore requires a legislative procedure so that it can be
clearly demonstrated to him what is and what is not law,
and he worships the outward obedience to the letter of the
law, whether the spirit of the law be abided by or not.
I b i d . . pp. 6, 7*
This was the abominable condition to which Germany had sunk,
before the Third Reich.
Law lay in the hands of the irresponsible possess­
ors of power, who lacked all consciousness of the
soul of the people and its need for justice. Aliens
had, to a great extent, influence upon legislation
and jurisprudence.
The people lived without any
sense of right and thereby, at the same time, list
in increasing measure the consciousness of law and
of justice. We stood before a general decline of
culture#
*
But National Socialism has undertaken to oppose the "devas­
tating results of the one-sided rule of reason.
It empha­
sizes the worth of the soul, of feeling, of common sense,
and of trust in God*"
But on the other hand, only in the
German spirit can one find the true balance between the soul
and intelligence, and it is the task of legal reform to bal­
ance these two forces.
This new law must give expression to
8.
the Ganzheit of the Yolksgeist.
This denunciation of the theory that law is simply the
enforoed command of the state sounds strange, coming as it
does from a frankly totalitarian,
authoritarian state.
But
it must not be forgotten that National Socialism claims to
have a more truly popular basis than liberal Western demo­
cracy, for National Socialism is an expression of the Yolks­
geist . of the very spirit of a racially pure and superior
people.
7,
Ibid., p. 23.
8. G. R, Schmelzeisen, Das Recht im nationalsozialistischen Weltbild. 1934 (Neugestaltung von Recht und Wirtschaft,
S Heft), p. 15, in Preuss, loc. cit.
Northwestern
s.'Diversity
9 9 *
Law thus really stands above the state, for law is
whatever is right —
(was riohtig ist), and cannot be
created by the command of the sovereign.
Authority can
give commands and enforce them, but this would not consti­
tute true law (Becht).
Thus Kurt Schmidt-*Klevenow*s ambi­
guous, untranslatable statement assumes meaning:
was Gesetz is maszgebend. sonder das Becht.
tfNicht
Recht ist
aber die Vorstellung von dem was riohtig ist.
Was sioh zum
9.
Sohaden des Yolkes auswirkt» kann niemals Becht sein.n
Dr. Guertner, the Reich Minister of Justice,
said:
Law cannot be invented or devised; one cannot
renew it in the sense that one can renew the facade
of a building.
For law has the force of its valid­
ity only outwardly in the authority of the legisla­
tor — that is, only in so far as the State by in­
tervening can enforce its validity.
The vital root
of law, however, reaches down into the secret
depths of popular conscience and thence supplies
it with its inner validity and affirmation.10
In this can be seen the contradiction of positivism
for law is usually found in custom, which is usually the
expression of the legal conscience of the people.
The state
hereby becomes simply the instrument through which this law
is formulated in statuatory form from the true will of the
people.
Thus the function of the legislature is really to
9 . Dr. Kurt Schmidt-Klevenow, rtDie Bindung des Richters
an das Gesetz." Deutsches Recht, Ausgabe B. Monatsausgabe, 9
(May 15, 1939), 196-200*
10.
"Zur Erneuerung des deutschen Reohts,rt Deutsche
Justiz, Rechtspflege und Beohtspolitik, November 9, 1933,
p. 622, in Schmidt-Kelevenow, loc. oft.
Library
discover what the law really is.
The legislator cannot create law arbitrarily
out of nothing but can only find and form the law
living in the legal conscience of the people and
sanction it through the coercive power of the
State. . * . Statutes are mere technical aids
for the realization of the idea of law. 11 *
The only reason why the actual enactment of statuatory law
is necessary is that while popular conscience leads unerring
ly to the correct conclusions in large and fundamental con­
siderations, in the modern world in which an infinite number
of technical arrangements are it lacks in the ability to
decide precisely what is to be done in the modern world in
which an infinite number of technical, administrative and
13.
procedural questions arise.
It must be repeated that under this system of reason­
ing the law stands above the state.
Thus, the November
Revolution of 1918, the Treaty of Versailles, and the laws
of the German Republic, which violated the Germanic feeling
and principles, were not morally and hence not legally bind­
ing.
Consequently, under the Third Reich only such laws of
13
the preceding government as are richtiges Reoht are valid.
Theoretically this would constitute a complete demo­
cracy, for democracy is fundamentally the expression of
11.
13.
13.
Nicolai, on. oit.. p. 33.
, p.
31, 33.
Ibid.. 50 ff.
the will of the people*
But in actual practice, since the
will of the people is identified with the will of the Fuehrer
and of the state, and the actions of the state are express­
ive of the will of the people, it is perhaps possible for
the state to become more completely absolute than under a
political system which glorifies the state and frankly ad­
mits imposing the will of the state upon the people.
That
such an identification of the Volkswillen and the will of
the Fuehrer exists in Germany is illustrated by a speech of
Prime Minister Hermann Goering of Prussia justifying the
"blood purge" of June 30, 1934 to the prosecuting officials
of Prussia by sayings
14.
are one."
"The law and the will of the Fuehrer
It is quite clear that not only do the National So­
cialists consider Volkswillen as being the law, but also
that the judges are bound by this feeling or will of the
people in much the same way that the Constitution of the
United States is binding upon the judges.
Thus judges are
permitted to disallow legislation which is not in conformity
with the true will of the people.
Quite significant in this respect are the Leitsaetze
des Heichareohtsfuehrers which was issued as a result of a
meeting of all the representatives of German judges, and
lawyers, in which is spoken of the "subjeotion of the judge
to the Law of the Life of the Volk."
14.
New York Times. July 13, 1934.
102.
Legal provisions, issued before the National
Socialist revolution, may not be applied, if
their application would oppose the present healthy
sensibilities (Fmpfinden) of the Y o l k . In cases
in which the judge applies a legal provision from
this point of view, the possibility exists of mak­
ing a highly precedential decision.1 5 *
In the same way,
judges may punish for an act which has not
been prohibited by a formal legal statute, but which is in
violation of the feeling of the people as to what is right.
Furthermore, the time honored institution of prohibit­
ing the eg cost facto law no longer prevails in Germany
16.
since the repeal of Art. 116 of the Weimar Constitution.
But today the courts cannot only punish a violation of the
law, but many laws make possible a punishment for an intent
to violate the law.
Moreover, punishments are frequently
quite indeterminate,
so that the law may merely state that
violations of the law are subject to imprisonment and
money fine.
The question of what constitutes the law in Germany of
today finds an interesting answer in the declaration of the
Nationalsozialistisohe Korrespondenz. an official publica­
tion, which asserted in August of 1935 that the Program of
the Party as adopted in 1920 was ipso facto the constitutional
law of the land and needed no specific legislation to render
17.
it the supreme judicial code.
15.
Preuss, loc. c i t .
16.
McDonald, p. 195.
17.
New York Times. August 11, 1935, p. 19.
This system of justice places vast powers to exercise
value judgements into the hands of judges.
Presumably this
might work either to temper the severity of the law or to
apply it with greater force.
It is even theoretically con­
ceivable that if the judges have all this power in the in­
terpretation of what constitutes law that they might even
temper some of the Nazi legislation.
But it must be remem­
bered that the judges are considered as virtually agents of
the party, and it is understood that they shall not work
against the legislative and executive power of government.
One writer puts it:
The judge is also in the end the representa­
tive of his Y o l k , an executor of its will.
This
will of the Yolk is usually manifested in its laws.
The judge must therefore be guided according to
these laws of the Y o l k , if he does not want to
stand in conflict with this Y olk. . . . The prob­
lem of the binding character of the law upon the
judge is no problem in times of normal development,
but only in times in which the intellectual revo­
lutions occur, as we are experiencing them today.
The National Socialist revolution has swept
away a whole era, a whole system of thought and
brought a new Weltanschauung, which has fundamen­
tally broken with those existing heretofore in all
areas of life.
Especially the racial idea has brought per­
haps for the first time in human history a new
concept which will not have less far reaching
effects upon mankind than the concept of the re­
volving of the earth around the sun. An era suoh
as ours will simply not permit the manifesting of
certain procedures or appearances of a former time.
And therefore it is simply not possible today, in a
time which is a unique transitional period, to speak
of a general binding of man to something which has
perhaps already been conquerred inwardly.
Today it is no longer a matter concerning the
binding character of laws, but concerning the re­
alization of the Y o l k ’s right to live through the
representative of law, who himself is subject to
this right to live*
There is no general truth
and also no general .justice, but only .suoh as flow
from this law of life of the Volk.1 ^*
If then the Yolkswillen is really the law, then obvious­
ly the exact form of legislative enactments is not
all im­
portant*
call for
Whereas the Roman and English traditions
a preciseness of statement and exactness of language, the
new legal phraseology of the National Socialist law is fre­
quently inexact.
The Nazis laugh at the necessity of exact
phraseology, for to them the technicality of the law is
quite unimportant as compared with the spirit of the law.
Synonyms or synonymous expressions are frequently used in
preference to the repetition of the same word or expression,
when exactly the same concept is apparently intended.
Professor Karl Loewenstein well contrasts the difference
between the form of the law in old Germany with that under
National Socialism:
Formerly, German jurisprudence was legalistic
and elaborate, perhaps inelegant and formalistic,
but logically precise and strictly positivistic.
Legal formulation under National Socialism is vague,
and at the same time flamboyant.
Moreover, it is
very often couched in metaphorical language more be­
fitting the prophet or the stump orator than the
legislator or the lawyer.1 9 *
IQ.
Kurt Schmidt-Kievenow, loa pit.
19. Karl Loewenstein, *?Law in the Third Reich,n Yale
Law Journal. 45 (March, 19561, pp. 779-781
105.
The political character of the courts is indicated by
the fact that officially the judges are considered as agents
of the party for the enforcement of the Razi Rechtsanschau^^gT
The official commentary on the centralization of the admini­
stration of justice in the Reich indicated that judges are
considered the personal appointees of the Fuehrer and may be
SO.
dismissed by him without giving any reason for this action*
Prime Minister Goering has further declared:
"The judge
must be an active supporter of the Rational Socialist view­
point*
. . •
The final authority as to the principles of
the German state and the German law is the Rational Socialist
21
party.n
*
In fact, Hitler has indicated that in great
crises he personally becomes the supreme court of the Reich*
In justifying the June SO, 1954 "blood purge," he declared
to the Reichstag on July 13, 1934:
"If someone questions
me why w e did not invoice the ordinary Court to deal with
the men, I can only tell him:
In that hour, I was respon­
sible for the fate of the German Ration; therefore, the
Supreme Court of the German people during those twenty-four
as*
hours consisted of myself."
Let us, for the sake of illustration, look at how the
20* George Schroeder, member of the Ministry of Just­
ice, Deutsche Justiz. April 18, 1935, in McDonald, p* 193*
21* Official Procedure for the German Legal Profession,
in Juristische Woohenschrift. July 21, 1954, p. 1763, here­
after, J *
22*
Hew York Times. July 14, 1934.
courts have interpreted these powers in certain aspects in
whioh raoial legislation was involved.
It must be borne
in mind that German court decisions do not have the prece­
dential value of those of English common law, but they do
indicate the trend of the court in the interpretation of
its powers.
A n interesting case was decided by the Land-
gericht of Hamburg on February 22, 1936 in whioh the ques­
tion hinged upon whether the child should be declared
legitimately the child of a Jew, as the law provided, or
illegitimately the child of an Aryan, as the admitted facts
indicated.
The court indicated that as a general rule, the
judge would be bound by the law as stated, but that in spe­
cific instances where this would violate the Volksempfinden.
exceptions might be granted.
Many of the older laws whioh
had not yet been amended or repealed obviously were not
completely in accord with the ideas of National Socialism,
but it would be in violation of the principles of the
Fuehrerstaat to permit each judge to decide generally which
laws should be disallowed.
Therefore,
such disallowance
was permissible only in extreme cases, in which the viola­
tion of the fundamentals of National Socialism was so ob23.
vious that it could not be overlooked.
The same type of decision was rendered by the Landsgericht at Duisburg on March 9, 1937, in practically the
23.
J. W. 1936, 2433.
107.
24.
same kind of oase.
There are, however, other oases in
whioh the courts decided otherwise.
A case in point is
one in whioh a Polish Jew, under false passport, with a
German sounding name, and concealing his race, had married
a German woman before 1932.
Upon learning his identity
she sued for an annulment, which was granted in 1936.
In
1955 she had had sex relations with a German and as a con­
sequence bore a child before the annulment.
A suit was
entered in the name of the ohild for an illegitimate status,
and support by the German.
The Amtsgericht frankly recog­
nized that the law, if literally applied, would require
that the child be declared the legitimate child of the Jew.
But as the original intent of the law had been to protect
the honor of the child, and since the racial idea had be­
come so all-important, it was now in the interests of the
child to declare it illegitimate, which could not be le­
gally done unless the supposedly legitimate father ques­
tioned its legitimacy, which had not been done.
The court
of appeals overturned the decision, indicating that the law
clearly precluded such action, adding in language whioh was
25
strongly suggestive of the American oase, Munn vs. Illinois
that the remedy for such injustices was to be sought with
24.
J. W., 1937, 1971.
Cf. decision of Reichsgericht
of November 23, 1936 (J. W . , 1937, 740).
25.
94 U. S., 113.
26.
the legislature, not the courts.
This decision by the
oourt of appeals was severely criticized by Schmidt-Klevenow,
while the Amtsgerioht commended.
In another case, the right of a mother to associate with
her child after her divorce in whioh she alone was declared
guilty was denied her, despite the specific prohibition in
27.
law against suoh a denial.
And another mother was simi­
larly denied this right because she had had extra-marital
intercourse with a Jew after the Nuernberg laws had been
passed.
The oourt added:
A mother acting in opposition to kindred and
race no longer deserves her available right of asso­
ciation with the child, and, since she has violated
fundamental principles of the National Socialist
State, has forfeited her available right of asso­
ciation in application of the legal ooncept con­
tained in #1680 BGB.
Moreover, the present German law itself indicates that
courts may punish a person for an act, even though no specific
provision was violated.
Thus the former German Criminal Code
was amended on July 5, 1939:
Whoever commits an act which is declared a
crime by law, or which deserves punishment ac­
cording to the basic ideas of the Criminal Code,
26.
Informqtionsdiest des Reichsrechtsamts, 1937, Issue
5, cited by Schmidt-Kiev enow, ojo. cjt. t p. 197. Cf. A de­
cision of Landsgerlcht at Dels on April 30, 1935 (J. W . ,
1935, 313571
27. Decision of Amtsgericht at Frankfurt a. M. (,fJugend
und Recht," 1937, p. 237) in Schmidt-Klevenow, on-pit., p. 199.
28. Decision of Amts&ericht at Berlin-Lichterfelde on
January 29, 1936 in Schmidt-Klevenow, jap. cit•, p. 199.
and according to the true feelings of the people,
is to be punished.
Where no particular provision of the Crim­
inal Code is direotly applicable, the act will
be punished by applying that provision, the un­
derlying principle of which is the most appro­
priate to the act in question.29.
These provisions have been interpreted by Dr. Hans Frank,
Beioh Minister of Justice, to mean that a court may pass sen­
tence upon a person for committing an aot, which has never
been declared to be a penal offence, provided that another
act similar to it is a penal offence, and that "healthy pub30.
lie opinion11 would consider this worthy of punishment.
CONCLUSIONS
1.
National Socialism considers law as the expression
of the Volksgeist. which really constitutes their Hechtsansohauung.
Law is something distinctly racial, the will and
the attitudes of the people being immutably conditioned by
race.
Hence, real law is inherited through the blood, and
is felt instinctively by racially pure people.
2.
Law on the statute books,
(Gesetz)
is of less im­
portance than the actual law (Hecht), and hence if the two
are in conflict then Gesetz must give way to Hecht.
3.
The identification of the will of the people with
the will of the Fuehrer and of the state militates against
29.
30.
p. 195.
RGB1.
1934, I:
839.
Yoelkischer Beobachter, July 5, 1935 in McDonald,
the apparent concept of democracy inherent in the idea of
the Yolkswillen -- at least democracy in the sense in which
we understand it*
4*
Law under the Third Beioh is indefinitely and vaguely
phrased and the punishments provided are frequently quite in­
definite.
5*
Nazi law permits of punishment of intention to break
a law, the enactment of ex post facto laws, the punishment for
an act whioh violates the Yolks emu finden but which has never
been formally enacted into law, and for the disregarding of
laws which are not in accord with the Yolkswillen.
Thus,
judges are given wide powers in interpreting the law.
6.
The courts are essentially political in character,
the judges being personally responsible to the Fuehrer for
their decisions and removable for political reasons.
In the
end or in time of national emergency, the Fuehrer constitutes
the supreme court of the land, in which capacity he oan pass
judgment without hearing or trial.
CHAPTER
7
WHAT CONSTITUTES A JEW?
Before being able to discuss the relationship of National
Socialist legislation to the Jewish refugee problem, we must
have a clear understanding of what constitutes the Jewish pop­
ulation element which the Nazis consider so objectionable as
to what to rid Germany of it.
Although it is well known that
the Nazis are anti-Semitic, that term has unfortunate ambigu­
ous connotations.
It is of little value for the purposes of
this study to define anti-Semitism as opposition to or hatred
of the Jews unless we know what constitutes a Jew.
In this study we are interested only in the National So­
cialist definition and not in what actually constitutes a Jew
from a scientific point of view, if such a term can be scien­
tifically defined.
We are discussing the German Jewish refu­
gee problem, whose scope is most accurately defined by indi­
cating the group of which the Nazis wish to rid Germany.
Is the term Jew primarily a confessional, racial, or so­
ciological term?
In other words,
is the essential and dis­
tinguishing feature of a Jew his membership in a religious
community,
in a race, or in a social group?
for a person to cease being a Jew.
And is it possible
The answer to this last
question depends upon the answer to the first two.
In general it must be said that the Nazi legal minds
have attempted to define Jew primarily in terms of race, al­
though broad exceptions have been made to include persons
within the group for confessional and sociological reasons.
On the other hand, persons having up to fifty per cent Jewish
blood have been excluded from the latest Nazi definitions of
the term*
primary,
But if the racial factor is to be considered as
it becomes clear that a person cannot ever divest
himself of the quality of being a Jew, in so far as he can­
not change his race or the kind of blood flowing through his
veins*
The first attempts at enacting anti-Jewish legislation
was made under the somewhat negative label of non-Aryan legis­
lation*
Within a few months after the Hitler government came
into power on January 50, 1935, a series of laws were promul­
gated and orders under these laws issued, whioh seriously re­
stricted the activities of the Jews and curtailed their civil
liberties*
These have been popularly known as the "Non-Aryan
1.
Decrees.*
The concept non-Aryan presented some difficulties to the
legislators and had to be phrased in vague and ambiguous
language at first, as given in the "First Order Concerning
the Law for the Bestoration of the Professional Civil Service"
which was promulgated on April 11, 1955*
"A non-Aryan is one
who is descended from non-Aryan, particularly Jewish, parents
or grandparents.
It suffices if one parent or one grandparent
1. The term decree is hardly the proper translation of
VeT»m*dr>nnp;. which is more nearly the equivalent of the American
executive order.
is non-Aryan.
This applies especially if one parent or one
3.
grandparent belonged to the Jewish faith."
This definition
obviously left in doubt the status of a great number of people,
as ;although the definition was sweeping,
enough.
it was hardly detailed
Later in the year the Minister of Interior issued an
order supplementing the previous provisions by indicating
that illegitimate descent from a non-Aryan did not remove the
disabilities indicated by law, and that a person could not
acquire or assume ^Aryanism" by adoption.
Moreover, a person
married to a non-Aryan was to have at least some of the disa­
bilities of the non-Aryan, especially in so far as the civil
5.
service rules were concerned.
Essentially, this constitutes the general scope of the
term, although for certain purposes a more stringent appli­
cation has been made.
Apparently the feeling was that these
cases were of such significance that extra precaution should
be exercised to prevent any person with even a little Jewish
blood from participating in them.
When the Reich Homestead Law was promulgated on Septem­
ber 39, 1933, the following provisions were included:
(l)
a peasant.
(b )
3.
3.
Only a person of German or kindred blood may be
A person isnot considered German
BGB1.
RGB1.
or as having
1933, I: 195.
1933,
I: 575; Cf. 1933, I:
078.
kindred blood, if his paternal or maternal ancestors have
Jewish or oolored blood in their veins,
(3)
January 1, 1300 is the day which decides whether
the premises of section 1 obtain,
The publishing business was likewise subjected to this
more severe regulation as persons were debarred who could
not prove “their own Aryan descent and that of their consorts
5.
. ♦ * up to 1800, w
By thus requiring persons within cer­
tain groups to trace their ancestry back to 1800, it required
them to study their genealogy for perhaps on an average of
five generations, and in some cases more.
In fact, it might
mean tracing the family tree back further, for although one
may have traced o n e ’s family tree back to an ancestor living
in January 1, 1800, it is quite conceivable that that an­
cestor’s parents, grandparents, or even great grandparents
were alive on that date, and hence come within the meaning of
the law.
Thus if one had five generations of ancestors since
1800, he would have to prove the race purity of 32 ancestors
living at that time, and if the parents of those ancestors
were still alive, he would have the task of somehow examining
the purity of the blood of 64 persons
proportions.
a task of no mean
Compared to this, the task of proving that two
generations of ancestors, that is, of four grandparents, were
Aryan is comparatively simple, for such a problem grows on
4.
HGB1.
1933, Is
McDonald. p, 150.
685.
the geometric ratio.
Let us examine briefly the meaning of the usually applied
non-Aryan clause.
The term non-Aryan has been applied only to
Jews and negroes, and as indicated in the provision itself,
applies especially to Jews, and more especially if an ancestor
could be shown to have belonged to the Jewish faith.
What
constitutes a non-Aryan grandfather is not entirely clear,
for if the same standard were to be applied to test a grand­
father* s racial purity, as are applied today, then one would
have to trace one's ancestry back, ad infinitum.
Little light is thrown on this point by the Order Concern­
ing the Admission of non-Aryans to Active Military Service of
July 25, 1935, in which the identical language is employed to
define a non-Aryan as in the Law for the Restoration of the
Professional Civil Service except that the following sentence
is added:
*?A grandparent is non-Aryan if his parents were
6.
non-Aryan. **
Whether both or only one of the parents would
have to be non-Aryan is not clear.
But apparently the original
term non-Aryan was not completely satisfactory, for in 1935
the law began using the terms Jew and Jewish hybrid (juedischer
7
Misohling) to the exclusion of the original term.
These new
.
terms received wide spread legislative acceptance after their
6.
RGB1.
1935, I:
1047.
7. The term iuedischer Mischling is variously translated
as
Jewish admixture or Jewish mixture, but hybrid would seem
to be the more accurate term.
definition in the First Order under the Reioh Citizens ip
8.
Law, of November 14, 1955, although the term Jew had been
frequently employed in the
Nuremberg Laws of September of
the same year upon whioh the above Order was based.
Let us
examine the definitions given in this Order, as these defin­
itions have been used consistently in all subsequent legis­
lation.
Let us first examine the term Jewish hybrid, whioh re­
fers to a person having some Jewish blood, but not more than
one-half Jewish blood.
A person is a Jewish hybrid if he was
“descended from one or two grandparents who were racially
fully Jewish.ft And the grandfather is “forthwith considered
as fully Jewish if he belonged to the Jewish religious com­
munity. “
Thus the definition of what constituted a Jewish
grandfather is somewhat different than made a few months
earlier in the Order Concerning the Admission of Non-Aryans
to Active Military Service, where the grandfather was classi9.
fied as non-Aryan if his parents were non-Aryans.
There
are, of course, a great number of possibilities which are
not covered by this definition.
The term Jew, on the other hand, is defined as a person
who is “descended from at least three racially fully Jewish
grandparents,“ while the same definition of Jewish grandpar8*
B GB1.
1935, I:
9.
See above, page
1333.
ents applies.
It goes without saying that a person having
four Jewish grandparents would automatically he a Jew.
But
a person having only two fully Jewish grandparents is also
considered a Jew (rather than a Jewish hybrid) if one of the
following conditions prevails j
(1) he was a member of a
Jewish religious community when this law went into effect or
has joined One sinoe then;
(2) he was married to a Jew when
this law went into effect or has married one sinoe then;
10 .
(3) he was born from a wedlock, one member of whioh was a full
Jew, and which marriage was entered into after the Law for the
Protection of German Blood and Honor of September 15, 1935
became effective; or (4) he was illegitimately born after July
31, 1936 as a result of an extra-marital intercourse, one
party to whioh was a full Jew.
Although these definitions classify and define further
the undesired Jewish community which was originally indicated
by the term non-Aryan, these definitions are by no means com­
prehensive.
A division has been made between persons who have onehalf or less Jewish blood and persons who have more than one10.
An exception to this was made on May 5, 1939 in the
case of Austrian Jewish hybrids, with two fully Jewish grand­
parents, who could not be legally divorced from their fully
Jewish wives because of the Austrial law.
If a person had
been separated from his consort on and since September 16,
1935 (the date of publication of the Nuremberg Laws in Germany),
it should be considered the same as having been divoroed.
Ninth Order under the Reich Citizenship Law, of May 5, 1939,
RGB1. 1939, Is 891.
half Jewish blood,
in the terms Jewish hybrid and Jew, where­
as both of these groups were formerly covered by the term nonAryan.
To this extent a racial definition is used.
But in
so far as a grandparent was considered Jewish if he was a
member of the Jewish religious community there was included
a confessional and perhaps even a sociological element in the
definition, which varied from the strict racial interpreta­
tion.
For it is possible, even if only rarely so, that occa­
sionally some pure German may have joined the Jewish religious
community.
But from the Nazi point of view this would have
probably constituted a Jewish corruption of the German spirit
which would probably be considered just as undesireable as
racial Judaism.
There is further digression from the purely racial in­
terpretation of the terms in making a person who was properly
only a Jewish hybrid (having only two Jewish grandparents) a
full Jew, because either he indicated what might be considered
a Jewish attitude by being married to a Jew or being a member
of a Jewish community or by having parents, legitimate or il­
legitimate, who violated the Law for the Protection of German
Blood and Honor.
What is not clear is how the great number of persons who
fall into intermediary or overlapping classifications are to
be classified.
Thus, would a person be a Jewish hybrid if he
had only one grandparent who was only partly Jewish?
Would a
person who had one fully Jewish and two partly Jewish grand—
parents be a Jew or a Jewish hybrid?
Nor is it entirely clear whether a child born to a couple
consisting of a German and a Jewish hybrid with only one Jewish
grandparent loses completely the Jewish taint.
In other words,
whether Jewish blood mixed for four generations with German
blood loses its identity.
The answer seems to be that such a
person would be considered as German blooded for practically
all purposes.
The marriage laws of November 14, 1935
11
.
throws more light on this, especially In view of the provisions
permitting hybrids with one Jewish grandparent to marry only
pure blooded Germans, and thus apparently completely obliter­
ating the Jewish traits in the offspring.
There is no such
supporting evidence to indicate that the original definition
of non-Aryan definition within the civil service law contem­
plated such a conscious absorption of even a small amount of
Jewish blood into the German population.
To permit the eventual absorption of a partly Jewish per­
son into the German population, would according to the Nazi
theories sanction the “bastardization* of the German people,
against which most of the Nazi leaders, especially Hitler him­
self, have inveighed long and vehemently.
But from a practical
point of view, it would seem difficult to exclude a person from
the community of German people who had seven-eighths German
11.
The Law for the Protection of German Blood and
German Honor, RGB1., 1935, I: 1334.
blood.
And apparently the Nazis have wisely decided that
this theory could be carried to an absurd extreme which
would cause a great number of embarrassing administrative
IE.
difficulties.
From even this brief discussion of some of the diffi­
culties into which one might run in the application of this
definition it becomes apparent that the expert for racial re­
search commissioned by the Ministry of Interior, who is
called upon to decide doubtful cases, must exercise a wide
latitude of powers in the decisions he is called upon to ren­
der.
CONCLUSIONS
1.
The legal definition of what constitutes a non-Aryan
and more recently what constitutes a Jew or a Jewish hybrid
is primarily of a racial character, but there are certain con­
fessional and sociological standards by which a person might
be included within the group.
2.
Sinoe the definition is primarily racial, it is not
possible for any individual to divest himself of his Jewish
charac teristics.
3.
According to the present definitions, a person is a
Jew if he has over half Jewish blood, a person is a Jewish
hybrid if he has from one-fourth to a half Jewish blood, and
he is apparently German blooded if he has less than one-fourth
12.
For further discussion on this see below p. 190 ff
Jewish blood.
It therefore becomes apparent that the Jewish
character can be bred out over a period of generations.
This
is, of course, in opposition to National Socialist theory
which holds that the injection of even a small amount of Jew­
ish blood into the German population, tends to bastardize the
entire race through blood defilement.
4.
For certain groups of persons such as the hereditary
peasants and the publishers more stringent regulations require
genealogical studies to the year 1800.
CHAPTER 8
POLITICAL RIGHTS AND CIVIL SERVICE
One of the fields in whioh the Nazis have from the begin­
ning been most insistent that a thoroughgoing change must be
made was in the political rights of the Jews.
The relation­
ship between the curtailment of political rights and the
growth of a refugee problem has been so usual in history
that it need not be gone into at great length at this point.
Several points in the Party Program adopted in February 25,
1920 indicate their attitude toward the entire field of poli­
tical rights of the Jews:
4. Only a member of the Volk (Volksgenosse) can be a
citizen.
Only a person of German blood, irrespective of re­
ligious creed, can be a member of the V o l k . No Jew can there­
fore be a member of the V o l k .
5. A non-citizen shall be able to live in Germany only
as a guest and must be subject to regulations for aliens.
6* Only citizens may have the right to determine the
leadership and laws of the state. We therefore demand that
every public office, regardless of its character, whether it
be the R ei c h , the state (L a n d ), or municipality, be held ex­
clusively by citizens. . . .
7. . ♦ . If it is not possible to feed the entire popu­
lation of the state, then members of foreign nations (non­
citizens) should be deported.
8. Every further immigration of non-Germans is to be
prevented. We demand that all non-Germans who have immigrated
into Germany since August 2, 1914 be forced to leave the Reioh
at once.
Let us first examine the action of the National Socialist
1#
Programm, pp. 15-16
123.
regime in the field of nationality and citizenship laws,
whose change had been clearly demanded in Points Four and
Eight*
The first legislation enacted in this regard was the
Law Concerning the Annulment of Naturalization and Revocation
of German Nationality (Staatsangehoerigkeit), of July 14,
1933*
This law provided:
^Naturalizations granted between
November 9, 1918 and January 30, 1933 may be annulled if they
2.
are regarded as undesireable.*1
An Order for the execution
of the law issued by the Minister of Interior on July 26
added:
Whether a naturalization is viewed as undesireable is judged according to racial-national prin­
ciples (voelkisch-nationalen Grundsaetzen) . Of pri­
mary importance are the racial, civic and cultural
points of view for an increase of the German popu­
lation through naturalizations which would contri­
bute to improving the Reich and Volk. Therewith
consideration should be given not only to facts
whioh occurred before naturalization, but especial­
ly also the circumstances whioh came after natural­
ization.
Accordingly for annulment of naturalization,
the following especially have to be taken into ac­
count ;
(a)
Jews from Eastern countries, unless they
have fought at the front on the German side during
the World War or rendered special service to the
German cause.
(b)
Persons guilty of serious offence or crime,
or those
who acted in a_way detrimental to the welfare
of the Reich and V o l k .
2.
R GB1.
1933, I:
480.
3.
RGB1.
1933, I:
538.
The law is quite plainly directed against the Jews who
were naturalized during the period of the Weimar Republic,
during whioh time the attitude toward Jews was the most liber­
al in the history of modern Germany#
The charge is constantly
made that many Jews from Eastern Europe migrated to Germany
during this period.
But besides denationalizing the persons
who were naturalized, the law also affects those persons who
automatically became Reich nationals as a result of the
naturalization of a father, mother, or husband.
It is within
the province of the Minister of Interior to decide "how far
the loss of German nationality affects the consort, the legit­
imate or adopted children, and in the oase of women, illegit­
imate children.”
Thus it is possible for children who were
born in Germany to be denationalized.
It should be noted that this law is far less harsh than
the plank in the Party Program, demanding that no Jew might
remain a citizen.
In fact, this law did not even affect all
Jews who had been naturalized since 1918, but only made it
permissive that denationalization might be ordered for the
persons designated by administrative regulation.
Especially
humiliating, however, was the classification of the Eastern
Jews with criminals, both being apparently considered equally
undesireable.
The Law of July 14 also gave the opportunity to the
government to proceed against German Jewish nationals either
living abroad or having fled from the country since the advent
of the new regime#
mentioned)
Thus persons (Jews are not specifically
living abroad might be deprived of their citizen­
ship "if they prejudiced the German interests by conduct inimieal to Bed oh and V o l k , ” or if they refused to comply with an
order to return to Germany*
It was indicated in the Order
for the Kxecution of the Law that "it is especially consider­
ed an act of disloyalty towards the Reich and Yolk when a
German has been instrumental in spreading hostile propaganda
against Germany, or has attempted to debase German prestige
or measures of the Reich government•"
This in effect was
to serve as an effective censorship upon the utterances or
writings of Germans living abroad*
It further provided that
with the instituting of proceedings for revocation of citizen­
ship their property might be seized by the government and
when the revocation was final, the property forfeited to the
Beich*
The reasons for the revocation of the nationality are
not to be given and the law makes such an order incontestable
in the courts, leaving the matter entirely in the hands of
administrative authorities, who act secretly and upon their
own initiative*
This law which was to have expired in two
years after its enactment should have lapsed on July 14,
1935, but was later extended to December 31, 1935, apparently
to permit the Reich Citizenship law of September 15 of that
year to go into effect*
The revocation of nationality almost invariably left
the persons involved as stateless persons, for the persons
who had never had a foreign citizenship were obviously with­
out nationality, whereas most of the Eastern European Jews
who had been naturalized would be left without nationality,
since most of the countried of Eastern Europe from which
they might have come, and in fact of most countries in the
world, provided in their nationality laws that the acquisi­
tion by a citizen of foreign citizenship automatically can4
cels the persons former nationality.
The next important change in the German nationality
laws was made in the so-called Nuremberg Laws of September
15, 1935 when the Reichstag met in special session during the
party celebration.
In the Heich Citizenship Law of September
15 a clear cut distinction was for the first time made be­
tween nationality (Staatsangehoerigkeit) and citizenship
(Reichsbuergerreoht).
Section 1 of this law provides that
A national is one who belongs to the protective union
of the German Reich and who is under special obligations to
it.
(a)
Nationality is acquired according to the provisions
5.
of the Reich and nationality laws."
This would apparently
mean that all persons living in Germany who had formerly been
German citizens would.automatically become German nationals,
unless they had been made stateless under the provisions of
the Law Concerning the Annulment of Naturalization and RevoCollect ion
tained
Oxford University J^ress, 1929), passim.
5#
RGB1.
1935, I:
1146.
cation of German Nationality of July 14, 1933 and the Order
6.
of July 26 under it#
Section 2 of the Reioh Citizenship
Law distinguishes nationality from citizenship:
(1) Only nationals of German or kindred blood who
have proved by their conduct that they are willing and
fit to serve the German people and Reioh in loyalty are
citizens of the Reioh.
(2) The right of Reioh citizenship is acquired by
the grant of Reioh citizenship papers.
(3) Only the Reich citizen is the possessor of full
political rights in accordance with the provisions of law.
Herewith is seen that the Point Four of the Party Pro­
gram is finally enacted in law, for Reich citizenship is
possible only to nationals of "German or kindred bloodtf
clearly excluding Jews from such citizenship, although Jews
are not excluded from the possibility of German nationality#
In fact, all Jews remain German nationals unless excluded
therefrom under previous legislation.
Curiously enough, citizenship is not a thing which any­
one acquires by mere matter of birth or of right, but a grant
from the Reich and only to those of German blood who have
somehow proved themselves loyal.
Further light is thrown on this law by the First Order
under the Reioh Citizenship Law issued November 14 of the
7.
same year.
The law provided that nationals of "German or
6.
See above, p. 123.
7.
RGB1.
1935, I:
1333.
kindred blood" who possessed the national right to vote when
the Reioh Citizenship Law became effective as well as anyone
else whom the Minister of Interior in conjunction with the
Deputy to the Fuehrer indicated would become provisional
Reich citizens, which might be withdrawn by the same author­
ities at any time.
The term "German or Kindred blood" appar­
ently did not exclude Jewish hybrids, for in Sec. 3 are speci­
fically included within the meaning of Sec. 1.
Thus Jewish
hybrids who had had the right to vote when the Reioh Citizen­
ship Law went into effect automatically became provisional
citizens.
In other words, a person was considered as having
"German or kindred blood" and therefore might become a German
citizen, even though he had two racially fully Jewish grand-
8.
parents*
Only the Jew —
fully Jewish grandparents —
Sec# 4 clearly stated:
a person having three or four
was debarred from citizenship.
"The Jew cannot be a Reich citizen.
He is not permitted suffrage in political affairs; he cannot
9.
hold public office."
A law which has been referred to as being anti-Jewish
in character is the Law Concerning Deportation from the Reich.
10
promulgated on March 23, 1934.
.
But it would seem a bit far
8.
For definition of Jewish hybrid, see above, Chapter 7
9.
For full definition of a Jew, see above, Chapter
10. The Jews in Nazi Germany: A Handbook of Facts Re­
garding their Present Situation (New York;
The American
Jewish Committee, 1935), pp. 172-174.
7
fetched to assert that this law was definitely pointed at the
Jews, for there is no provision in it which permits of racial
discrimination.
Practically all deportation laws are some­
what political in character, and this law conforms to this
rule, being perhaps more political than the usual deportation
law, for it permits deportation not only for acts committed
within the country, but also while abroad, if they are con­
trary to law in Germany.
This law, which permits the deporta­
tion of aliens and defines aliens as those who are not German
nationals, could of course be applied to either foreign Jews
living in Germany or to Jews who had lost their naturalization
under the Law Concerning the Annulment of Naturalization and
Revocation of German Nationality of July 14, 1933.
It will be
recalled that this law was primarily aimed at Eastern European
Jews who had been naturalized since the World War.
But the
rule under the Deportation Law was that expulsion from the
Reich should be only for violation of the law, pauperism, en-
11 .
dangering public safety or subversive activities.
We are
not here passing upon the administration or execution of the
laws or practices of the police, but only upon the nature of
the law itself.
Another deprivation of a right from the Jew, which may
seem like a strange blessing to the average American, was
the denial of entrance either into the military service or
11.
B GB1.
1934, I:
213.
the labor service.
It will be recalled that Hitler instituted
compulsory military service for all young German males on May
12
.
21, 1935,
and the length of service was set at two years
13.
on August 24, 1936.
In the original Military Law of May
21, 1935, the opening sentence of the law declared that
"military service is an honor service for the German people."
It was obvious that such an "honor service" could not be per­
formed by a group of people considered to be racially depraved
And later in Seo. 15 of the law the injunction is issued:
"Aryan descent is a prerequisite for active military service."
It adds that exceptions may be determined upon by an examin­
ing committee according to principles laid down by the Min­
ister of Interior in conjunction with the Minister of War.
But apparently no exceptions are allowed to the rule that
"only persons of Aryan descent may be officers in the army."
Foreshadowing the more general provisions in the Nuremberg
Laws of that fall, the
Aryans in
Military Law further provides that
the army are forbidden to marry non-Aryans,
the
violation of which is to be punished by the loss of all ad­
vance in military rank.
The possibility of some special type
of emergency service for non-Aryans remains as an open ad­
ministrative matter, but apparently has never been resorted to
On the basis of this original law, the Order Concerning
12.
13.
RGB1.
RGB 1 .
1935, I:
1936,
I:
609.
706.
the Admission of Non-Aryans to Active Military Service was
issued on July 35, 1935 by the Ministers of Interior and War.
1
In this Order, the term non-Aryan was defined in practically
the same language as used in the Civil Service Law of April
11, 1933, which was the basis of most subsequent definitions
until the passage of the Nuremberg Laws of September 15, 1935.
The Order on Military Service was, however, a bit more speci­
fic than the Civil Service Law, insofar as it defined nonAryan grandparent as a person whose parents were non-Aryan.
It added that membership in the Jewish religion would create
the presumption of a person being non-Aryan, but that this
presumption might be disproved.
Exceptions were to be permitted to non-Aryans who had not
more than two fully non-Aryan grandparents, but persons who
had three Jewish grandparents were under no circumstances to
be drawn into the active military service.
In so far as they
were eligible for military service at all, they were to be
placed into the substitute-reserve II.
Non-Aryans with only two Jewish grandparents were also to
be assigned to substitute-reserve II, but they might within
two weeks after the date of conscription petition the "Exam­
ining Committee for the Admission to Active Military Service"
for a change of status.
This Examining Committee, consisting
of an administrative official, as chairman, an officer, and a
14.
RGfil.
1935, I:
1047.
physician ^schooled in racial science and hereditary biology,”
consults with the chairman who makes the decision.
The pet­
itioner is notified, hut no reasons for the decision are made
public.
Although this law had been promulgated on July 25, 1935
it became apparent that revisions should be made in it in the
fall of that year after the passage of the Nuremberg Laws,
which set the standard for subsequent anti-Semitic legisla­
tion.
Thus just seven months later, on December 21, the
government issued the Second Order Under the Citizenship Law,
which was in reality also an amendment to the Military Law,
for it applied the following provision to the armed forces
15.
of the nation.
Jewish officials are to be retired at the
end of December 31, 1935.
If these officials
have fought at the front in the World War for
the German Reioh or its allies, they shall reoeive, until they reach the age limit, a retire­
ment allowance based on the last figures for
pensions; they do not come within the seniority
rule. After reaching the age limit, their pen­
sion is figured anew according to the last
figures for pensioners.
This provision had been originally applied to officer holders
and civil servants, but was now applied verbatim to the armed
forces.
The implication was, of course, that no Jews would
be admitted to the armed foroes in the future, although this
was not clearly stated.
This was probably due to an over­
sight, for such a provision had been added in the case of
15.
RGB1.
1935, X:
1524.
the civil service.
Some months later this ambiguity was cleared up when the
Law for the Amendment of the Military Law was promulgated on
16.
June 36, 1936.
Herein the Nuremberg Laws found more accur­
ate application when it provided that a Jew might not render
active military service.
On the other hand, the Jewish hybrid
was not similarly proscribed, for it will be remembered that
the Jewish hybrid was not saddled with the disabilities of
the Jew, and that, in fact, the Jewish hybrid might be a
17.
citizen*
But the Jewish hybrid was prohibited from becom­
ing an officer in the army, thus leaving the Jewish hybrid
with approximately the same disability in the army,
as
all
Jews had in Germany before the first World War.
During the next year, on February 15, 1937, a further
provision was added in the Order Concerning the Matter of
18.
Organization.
This order required that every person taken
into the military service (or labor service) had to take the
following oath.
After careful investigation, I am not aware
of any circumstances which could justify the con­
cept that I am a Jew. I have been instructed
concerning the concept of Jew.
I realize that
should that declaration prove to be false that I
could expect the immediate expulsion from the
Reich Labor Service and from the active Military
Service.
16•
HGBI.
1936, lJ
17.
See above, pp. 126-137.
18.
RGB1.
1937, I:
513.
205.
If a person was unable to make this declaration, then it be­
came necessary that his family tree be carefully investigated.
This Order indicated that not even voluntary servioe in the
military servioe would be accepted from the Jews, who were
classified together with the insane, feeble-minded, cripples,
and alcoholics as being unworthy of military servioe.
The role of the Jew in the military arm had originally
been indicated in the Military Law of May 21, 1935, in which
it had been stated that the war time service of non-Aryans
19.
would remain for special regulation.
From Sec. 3, Par. 1
of the Order Concerning the Admission of Non-Aryans to Active
Military Servioe of July 25, 1935, it appeared that all per­
sons of military age would be conscripted, regardless of
race.
Sec. 3, Par. 2 indicates that the non-Aryans would be
assigned to membership in the Substitute-Beserve II, and
would not be drawn into active military servioe, their ser­
vice during war time being subject to special regulation, as
indicated above.
In an Order Concerning Recruiting and Con­
scripting of April 17, 1937, was stated that Jews could not
in peace time fulfill active military service, but should be
part of the Substitute Beserve II, thus bringing the law in­
to step with the Nuremberg Laws.
It was further indicated
that the Substitute Reserve II should also consist of those
who were handicapped or unfit for regular service, and
Catholic sub-deacons who are exempt from the regular peace
19.
R GB1.
1935, I:
609.
time army service.
They will be mustered in time of war, and
are to remain in this category until 55 years of age.
20 .
The relationship of Jews to anti-aircraft protection is
defined in the First Executive Order Under the Air Protection
Law of May 4, 1957,
A bit more liberal provisions for Jews
in participating in the defense of Germany are set forth, in
so far as it provides that Jews may participate in the Air
Protection Service, but this is permitted only when it is
necessary for their own protection of their own person or of
their possessions.
Apparently the reason for this is the
conviction that Jews would be capable of loyalty only in the
protection of themselves or their property.
However, the
provisions are added that the Chief Commander of the Air
Force might, in conjunction with the Minister of Interior,
make provisions for the further service by the Jews.
This
Order also permits volunteer assistance, under certain
specified circumstances, to the Air Protection Service by
21
.
foreigners, if they are regular residents of Germany.
Another form of compulsory government service in the
Third Reich is, of course, the Labor Service, in which all
young men between 18 and 25 years of age must serve for a
period of six months.
The Reioh Labor Servioe Law of June
36, 1955, which instituted this servioe, announced that
rtthe Reioh Labor Servioe is an honor service for the German
30.
RGB1.
1937, I:
469.
21.
RGB 1 .
1937, 1:
559.
people** which put it on the same level as military training.
Almost the identical regulations regarding lews which were
applied in the Military Law were made binding upon the Labor
Servioe.
Thus, a person of non-Aryan descent was forbidden
entrance into the Labor Service.
But unlike the Military
Service any person married to a non-Aryan was not to be ad­
mitted.
The same exceptions for the admission of Non-Aryans
as provided in the Military Law of May 21, 1955 were to be
applied to the Labor Service, which meant simply that persons
with only one or two Jewish grandparents might be granted
23.
special permission for entranoe into the Service.
This law was changed on March 16, 1937 by the Law for
the Amendment of the Reioh Labor Service Law which applied
the Nuremberg Law definitions of Jew.
Jews were forbidden
to enter the Labor Service, whereas Jewish hybrids, although
permitted entrance into the Servioe, were denied the oppor­
tunity of becoming officers.
The only change in this law,
aside from the use of terms, was to automatically draw Jewish
hybrids into the service, whereas formerly they had been per24.
mitted to enter it only by special permission.
Closely allied with the problem of political rights, is
the problem of the civil servioe.
One of the things which
caused deep resentment among the Nazis was the presence of Jews
22.
BGrBl. 1935,
Is
769.
23.
R GB1. 1935,
X:
769.
24.
RGB1. 1937,
I:
325.
in the governmental service,
From the National Socialist
point of view, Jewish influence was essentially corrupt and
subversive in character, for every Jew constituted a traitor
at heart*
Were not the Jews attempting to obtain key posi­
tions in the government so as to be able to foster the world
revolution and the subsequent domination of the world by the
Jew?
In the Party Program of 1920, after indicating that no
Jew could be a citizen of National Socialist Germany, the pro­
gram declared:
"Only citizens may have the right to determine
the leadership and laws of the state*
We therefore demand
that every public office, regardless of its character, whether
in the Belch, the state (Land), or municipality, be held ex25.
clusively by citizens*"
Almost at once after the National Socialists came into
power, reforms along these lines were instituted*
The Law
for the Restoration of the Professional Civil Service, April
7, 1953, which as previously indicated, contained the original
definition of what constituted a non-Aryafc, excluded the nonAryans from government service*
Sec. 3 stated:
"Civil ser­
vants of non-Aryan descent must retire; as regards the honor­
ary officials, they must be discharged."
But despite the
sweeping scope of this provision, exceptions were made for
officials who had been in the civil service on or before
August 1, 1914 or "who, during the World War, fought at the
25.
Programm, p* 16.
front for Germany or her allies, or whose fathers or sons
were killed in action in the World War.w
Further exceptions
were to he permitted by the Heich Minister of Interior to*
gather with the heads of the appropriate ministries or by
the heads of the states (Laender) for civil servants work—
26.
ing abroad.
Four days later, on April 11, there was issued the First
Order Concerning the Law for the Restoration of the Profess­
ional Civil Servioe which stipulated that every civil servant
taken into the servioe since August 1, 1914 had to prove
either his Aryan descent or that one of the above-named ex­
ceptions applied to him.
27.
official documents.
Proof had to be fully validated by
The Second Order under the law, issued on May 4, 1933
required that the nservioe contracts of persons of non-Aryan
descent must be annulled within one month, effective at the
28.
end of the following month.tf
Approximately a month later,
on June 30, there was promulgated the Law Concerning the
Amendment of Provisions Concerning the Law on Officials,
Salary and Insurance.
This law added the provision that a
person married to a non-Aryan also could not be further em­
ployed by the Reich, and officials who were so married had
26.
RGB1.
1933, I:
175.
27.
RGB1.
1933, I:
195.
38.
R GB1.
1933, I:
233.
29.
had to he dismissed.
The law is also applied to the
"officials of the States
(Laender) . Communes, unions of
communes and of other bodies,
institutions and foundations
of public law.”
Because of apparent difficulties during the period of
transition, the Second Order for Amending and SupplementIng
the Law for the Restoration of the Professional Civil Service,
of September 28, permitted individual exceptions to the pro­
hibition against the employment of non-Aryans in the govern­
ment service.
If urgent considerations of the administra­
tion require it, the supreme authority of the
Reich or State (Lan d ) may in conjunction with the
Reioh Minister of Interior make exceptions in in­
dividual oases by taking into service employees
or workers of non-Aryan descent,„or Aryans married
to persons of non-Aryan descent.
•
It would be too lengthy here to discuss all the other un­
important and minute provisions which were applied for the
elimination of the non-Aryans from the government servioe,
but
let us look at the Order of the Prussian Minister of Justice
for the Execution of the Law for the Restoration of the Pro­
fessional Civil Service, issued on May 23, 1933.
It required
that the officials who claimed to be of Aryan descent subscribe
to the following statement:
I officially declare herewith:
29.
RGB1.
1933, Is
433.
30.
RGB1.
1933, I:
678.
I do not know
of any circumstances — in spite of careful
scrutiny -- that may justify the presumption
that I am not of Aryan descent; particularly
none of my parents or grandparents was of the
Jewish faith,
X am fully aware of the fact that I am
liable to punishment and dismissal if this
statement is untrue.
With the passage of the First Order under the Reich
Citizenship Law, of November 14, 1935, in which the new
definition of what constitutes a Jew and of a Jewish hybrid
was given, there came into effect a new provision concerning
the status of Jewish civil servants.
equivocally and without exception:
The law declared un­
"The Jew cannot be a
Reioh citizen.
He is not permitted suffrage in political
32.
affairs; he cannot hold public office."
Thus even the
non-Aryan officials who were exempt by the exceptions within
the original law were now to be dismissed.
The original Civil
Servioe law of April 7, 1933, it will be recalled, permitted
non-Aryans who had held office prior to August 1, 1914, who
had served at the front during the world war, or who had lost
a father or son in action were to be continued in the service.
But under this new law of November 14, 1935 no regular or gen­
eral exemptions were to be made.
The law simply specified
that "Jewish officials are to be retired at the end of De31.
Jngtizministerialblatt« p. 160, in Jews of Nazi.
Germany, p. 135.
32.
RGB1.
1935, I:
33.
See above, p.
1333.
123.
oember 51, 1935" which gave only a month and a half for the
execution of the order*
Individual exceptions were to be
permitted during a "transitional period" upon order of the
Minister of Interior or a substitute empowered by him.
The original Law for the Restoration of the Professional
Civil Servioe of April 7, 1933 indicated that pensions would
be available for the dismissed according to the normal pen­
sion regulations, except that no person should receive a
pension unless he had served at least for ten years. Minor
34.
exceptions were made to this ten year stipulation.
The
new law of November 14, 1935 was more stringent in its pen­
sion regulations.
If these officials have fought at the front
in the World War for the German Beioh or its al­
lies, they shall receive, until they reach the
age limit, a retirement allowance based on the
last figures for pension; they do not come with­
in the seniority rule. After reaching the age
limit, their pension is figured aneg^aocording
to the last figures for pensioners.
The pension system inaugurated by the First Order under
the Reioh Citizenship Law of November 14, 1935 was revised on
December 5, 1938 by the Seventh Order under the Reich Citizen36.
ship Law.
It will be recalled that the original pensions
applied only to those
who had fought in the World War.
new pensions were to be figured anew
34.
BGB1.
1933, I: #74.
35.
BGB1.
1935, I:
1333.
36.
RGB1.
1938, I:
1751.
The
upon the basis of the
143.
general tax law regulations of December 31, 1935 and to go
into effect on January 1, 1939.
Although, the writer was un­
able to ascertain whether the pension was generally increased
or decreased, it might almost be assumed that it would have
been decreased, as this was enacted just at the time that a
wave of anti-Semitic feeling and demonstrations were sweep­
ing Germany.
What is not entirely clear from this last law is the
eligibility of the Jewish hybrid for the civil service.
The
original law of 1933 clearly indicated that a person who had
even only one Jewish grandparent was considered a non-Aryan
and hence ineligible for the government servioe.
But the
Order of November 14, 1935 gave a new interpretation to the
words Jew and Jewish hybrid, but the law only prohibited the
Jew from holding a public office or being a member of the
civil servioe.
The Jew, it will be recalled, consisted of a
person who was more than one half Jewish.
Did the old law
which prohibited non-Aryans with only one or two grandparents
from holding a government position still prevail?
Although
there is no direct answer to this in the provisions of the
law, it would seem by implication that since the new law ex­
cluded only the Jews, that the Jewish hybrids would be per­
mitted to hold public office.
Then the next question would
be whether one-half or one-quarter non-Aryans, who were now
defined as Jewish hybrids, would be readmitted to their old
posts or re-aooepted into the service.
This question must
for the present remain unanswered as the writer has found no
suggestion of an answer to it in legislative provisions.
The sweeping character of these restrictive measures
against the employment of Jews or non-Aryans within the gov­
ernment servioe is better realized and the implications of
it understood when one remembers the extent of socialization
within Germany, and especially since the advent of the Third
Reioh.
That these restrictions applied to the entirety of
the service under a broad interpretation of the term is indi­
cated by Section 1 of the Law for the Restoration of the Pro­
fessional Civil Servioe,
of April 7, 1933.
According to this law, the following are to
be regarded as civil servants:
immediate and in­
direct functionaries of the Reioh. immediate and
indirect functionaries of the states (Laender)
and functionaries of the communes and communal
corporations, servants of organizations organized
under public law, as well as officers of similar
institutions and establishments.
The provisions
are also to be applied to functionaries of social
insurance bodies who have the status of civil ser­
vants.
Givil servants according to this law are also
functionaries who temporarily are retired from
active service.
The Reioh shank and Reich Railway Company are
authorized to issue similar provisions.
It is not possible to list all the different types of
functionaries herewith dismissed, but it is certain that it
inoluded not only the employees of all municipal corporations,
37.
R GB1.
1933, I:
187
“but also the public school teachers.
Furthermore, the Third
Order Concerning the Law for the Best oration of the Professional
Civil Service of May 6, 1933 added that all professors and
lecturers in colleges and universities who were dismissed on
the basis of the law automatically lost their licenses to teach
38.
or lecture.
With the new definition of what constituted a Jew in the
Order of Hovember 14, 1935, and the consequent prohibition
against Jews being employed in the public servioe, there was
issued on December 21, the Second Order under the Belch Citi­
zenship Law which employed the same sweeping definition of
what constituted a civil servant.
employees
It further added that all
who have the rights andduties offunctionaries
carry social insurance
are subject to the law,
who have governmental and sovereign functions.
as well
and
as all
This law more­
over applies to the head physician of public infirmaries, as
well as free public infirmaries and confidential physicians.
39.
But Jewish hospitals were not to be affected by this order.
The dismissal of these publicly employed professional groups
are merely mentioned here, but will be discussed further in
the discussions of restrictions against the various professional
groups.
Aside from applying these provisions to the regular civil
38.
39.
BGB1.
RGB1.
1933, Is #48.
1935,
Is 1524.
servioe, the law provided that similar provisions might be
issued by the Reioha Bank and the Reioh Railway Company.
, ,
original Law for the Restoration of the Professional Civil
The
40*
Servioe of April 7, 1933 contained suoh a provision, and this
repeated in the Second Order under the Reich Citizenshin Law
41.
of December 21, 1935.
Acoording to the Order of January 11, 1936, Jews were
specifically forbidden to render any aid in the collection
42 •
of taxes.
Further distrust of Jews in financial affairs
was shown by the Order of June 29, 1936 which forbade Jews
from giving any business assistance in international exchange.
But it was provided that the Reich Minister of Economics may
grant Jews or Jewish organizations which are active in the
promotion of Jewish emigration the permission to assist Jewish
emigrants in making necessary arrangements in international
43 •
exchange.
Under a Law of October 30, 1934, companies (Genossensohaften) had to join their appropriate associations lahich
had the right to examine their businesses, but were required
44.
to keep business and trade secrets confidential#
An Or­
der of July 7, 1936 specifically prohibited Jews from being
40.
RGB1.
1933, I:
187.
41.
RGB1.
1935, I:
1524.
42.
RGB1.
1936, I:
11 .
43.
RGB1#
1936,
I:
524.
44#
RGB1.
1934,
Is
1077.
employed to make the teohnioal examinations (gftohTvrnftfnn^
45
of the companies for the associations.
CONCLUSIONS
1.
The political rights of the Jews of Germany have
been severely proscribed, largely in accordance with the
demands of the Party Program of 1920.
2.
The law permits the denationalization of citizens
who were naturalized since the establishment of the Weimar
Republic in 1918.
This was especially directed against the
Jews of Eastern European countries who had migrated to Ger­
many and had been naturalized since the war.
3.
Under the Nuremberg Laws of September, 1935, and
the subsequent orders, only nationals of German or kindred
blood may be citizens of the Reioh.
No Jew may be a oitizen,
but Jewish hybrids become oitizens, just as other German
nationals.
4.
Citizenship is a grant of the government.
Jews are denied the "honor services" either within
the armed forces or the labor service of the nation.
While
Jewish hybrids servioe in both of these, they may not be­
come officers.
The Jews were, however, assigned to the sub­
stitute-reserve II and might be assigned special duties in
time of war.
They might also be assigned special types of
air-protection service.
5.
48*
Jews have been progressively and now completely
BSBl.
1936, I:
559.
excluded from the German civil service and from holding any
position under the government, whether in the Reioh. the
state, or the commune.
The far reaching effect of this is
better realized when the extent of the socialization of the
German industries is kept in mind.
CHAPTER 9
THE PROFESSIONS
A charge frequently made by the National Socialists is
that the Jews have attempted to gain control of the various
professions for their own selfish ends, and at the same time
to keep non-Jews from positions of prominence.
It was further
charged that Jews used their prominent professional positions
to influence public opinion in their favor, thus eventually
making possible the Jewish world domination, which National
Socialists fear the Jews will attempt to achieve.
A profession so near to the government service as to give
the Nazis special concern regarding the possibility of Jewish
control of it is the legal profession.
Because of this alarm
over the large percentage of Jewish lawyers, the National So­
cialists began placing restrictions upon the Jews in the legal
profession a little over two months after they came to power.
The Law Concerning the Admission to the Professions of Law of
April 7, 1933 established a temporary period until September
30, 1933, during which time non-Aryan lawyers might be dis­
barred from their profession.
The same exceptions as were
applied to civil servants were granted in the law, namely,
if a person had been admitted before August 1, 1914, if he
had fought at the front for Germany or her allies during the
World War, or if he had lost a father or son in the War.
Moreover, it provided that persons who "are of non-Aryan
descent, may be refused permission to practice law, even if
there exists none of the reasons enumerated in the Regulations
for Lawyers (Reohtsanwaltsordrmnfi) #
Within the same month,
the Law Conoerning the Admission to the Patent Lawyers* Pro­
fession of April 22 was passed and this applied the same re-
2
strictions to patent lawyers*
.
Soon thereafter the legal code, the code of civil court
procedure and the labor court law were so amended as to per­
mit the disbar^ment of non-Aryans from practicing before these
3
*
bodies*
The same was also soon applied to non-Aryan patent
4
attorneys in their appearance before the patent offioe*
.
When the time during which lawyers and patent lawyers
might be disbarred from future practice had expired, the Second
Order for the Execution of the Laws of October 1, 1933 pro­
vided that any lawyer or patent lawyer who had not been dis*barred during this period would be permitted to continue his
practice, and enjoy full professional right and claim every
esteem of his profession.
"No lawyer or patent lawyer may
be hindered or impaired in the lawful practice of his pro­
fession."
Neither the laws nor the administrative orders
given give any indication as to the extent of the disbai^ments
during this period.
1*
BGB1.
1933, Is
188.
2.
RjGrBl.
1933, X:
277.
3*
R GB1.
1933, I:
522.
4.
RGB1*
1933, I:
669.
Two years after the passage of the Nuremberg laws, there
was issued the Fifth Order under the Beioh Citizenship Law of
September 27, 1958, whioh announced in the opening sentence:
"The profession of law is forbidden to Jews.
In so far as
Jews are still lawyers, they retire from the legal profes5.
sion in accordance with the following regulations."
The
admission of Jews to the bar was to cease with November 50
of the same year, thus giving but little more than one month's
notice.
In Austria special provisions were made to permit
them to practice until the end of the year, and further
lenience was exercised in permitting the Minister of Justice
to temporarily exempt this disbarment, if the families of the
Jewish attorneys had resided in Austria for at least fifty
years.
Special regulations were issued for the termination
of service contracts and the abrogation of leases on rooms
by the Jews.
Similarly also Jews were to be removed from the
list of lawyers in criminal cases.
The order was comprehensive in scope and forbade the ex­
pelled lawyers to administer the legal affairs of other people,
in accordance with the Provision of the Law for the Prevention
of Abuses in the Field of Legal Advice of December 15, 1955.
Because of the hardship such a sudden removal might work
upon the clients of Jewish lawyers, regulations were included
in the law which provided for the interruption of court pro­
ceedings, permitting the client to select a new attorney.
5.
RGB1.
1958, I:
1405.
Other transitional provisions to prevent the thwarting of
justice to the clients of the disbarred Jewish lawyers were
included.
Although the Jewish attorneys were thus completely dis­
barred from practicing for Germans, and their admission to
the profession of law was withdrawn, a percentage of them
was to be readmitted to the bar as Jewish counsellors, who
were to give legal advice and representation only to Jews.
These Jewish counsellors were to admitted only in such num­
bers as were required to transact the legal business for Jews
Jewish business enterprisers or Jewish organizations and un­
dertakings.
The law provided that in so far as Jewish
counsellors might participate in legal affairs, "They may
appear before all the courts and administrative authorities.
. . as well as all their appellate courts and authorities to
practice as attorneys —
clients."
even against the opponents of their
It further stipulated that Jewish counsellors
"are subject to no local limitations•"
But Jewish counsel­
lors were to maintain their offices only within designated
areas, and were to be subject to the detailed regulations
of the Justice authority.
These Jewish counsellors were to be permitted to col­
lect fees and expenses from the clients in their own names,
as well as the court expenses from the opponent of his cli­
ent.
All this was to be regulated by an Equalization office
determined upon by the Minister of Justice and aooording to
the legal regulations for lawyers.
After their expenses are
paid, the Jewish counsellors receive as a salary "a portion
of the fees accruing from their professional activity."
Ap­
parently the rest of their income accrues to the Equalization
office.
Jewish counsellors were to be admitted as far as possible
from the group of Jewish lawyers who had been expelled from
the profession of law and soldiers at the front were to be
given "privileged considerations1? in this selection.
Al­
though the term "soldier at the front" had been used ever
since 1933, for the first time it was given a detailed defin­
ition.
A soldier at the front in the sense of this
Order is one who during the World War participated
on the side of the German Reich or one of her al­
lies with the fighting troops in a battle, a combat,
a war of position, or a siege.
It does not suffice
if one has been connected with the servioe in the
war area during the war without having faced the
eneiiiy.
Equivalent to the participation in the battles
of the World War is participation in the battles
afterwards in the Baltics, further against the ene­
mies of the national revolution and for the preser­
vation of German soil.
This Order of September 27 further provided for an ever
revocable system of pensions for the expelled Jewish lawyers
"if they were soldiers at the front and are needy and worthy •"
Other Jews who had been expelled might also be granted pen­
sions.
These pensions were to be paid from the fees coming
into the Equalization office from the incomes of Jewish
counsellors.
Apparently these pensions would vary according
to the amount of the fees paid into the Equalization office.
In the Executive Determinations of October 13, 1938 de­
tailed regulations of the praotice of Jewish counsellors were
announced.
Thus the Equalization office which was to super­
vise and control the financial affairs of Jewish counsellors
was to be plaoed within the Reich Lawyers Chamber.
This of­
fice was given broad powers of control, and Jewish counsel­
lors were required to keep accurate accounts and make com­
plete reports to this office.
The provisions for the compen­
sation of Jewish counsellors was to be regulated as follows:
they were to receive their outlay of expenses, a flat fee as
remuneration for their oourt eapenses as determined by the
President of the Lawyers Chamber, and an additional amount
from their monthly collection of fees.
This income was to be
as follows:
From amounts up to
300 to
500 to
over
300 BM they received 90$
70
500
50
1000
30
1000
6
The obvious intent of this is to equalize the earnings of the
various Jewish counsellors whether they obtain large fees or
not, for 90$ of 300 B M equals 270 BM, while 30$ of 1000 RM
equals 300 BM.
Thus the counsellor who receives 1000 RM a
month gets to keep only 30 B M more than the counsellor re­
ceiving only 300 HMl
6.
This is indeed equalization!
Hoche 29:88-91.
But be-
154.
yond this, the justice or this sliding scale is not entirely
apparent, for the counsellor taking in 300 RM a month would
get to keep 370 RM, while the counsellor taking in 500 RM
could keep only 250 RM; the counsellor taking in 900 R M could
keep 450 RM, hut the one taking in 1000 RM could keep only
300 RM.
It must he assumed that in the actual application
of this rule, the Equalization office will have made further
alterations to regularize this scale.
This same Executive
Determination also provided the amount of pensions of the
retired Jewish lawyers was to he determined hy the Equaliza­
tion office.
Maximum allowances were to he 200 RM monthly
for single persons and 250 S M for married persons, while 10
RM were to he added for each child under 16.
Toward the end of the same month further regulations were
issued in the General Arrangement Concerning Affairs of Jew­
ish Counsellors, of October 17, 1938.
Here it was indicated
that "applicants who as soldiers at the front received a
severe war injury will receive first consideration" in heing
chosen to become Jewish counsellors.
Furthermore the chief
justice of the state court (Landgerichteraesident) and the
chief justice of the appellate court (Qberlandesgerichtspraesident) were designated to supervise the legal practice
of the Jewish counsellors.
The Arrangement issued detailed
regulations for the supervision and control of the counsel­
lors, indicated the general duties of the Jewish counsellors,
7.
and provided transitional regulations.
7.
Hoche 39:91-100.
Just as the Order of September 27 disbarred the Jewish
lawyer from his profession,
so also the Sixth Order under the
Reich Citizenship Law of October 31, 193Q forbade the Jewish
patent lawyer to practice his profession*
Jewish patent law­
yers were to be stricken from the lists on November 30, while
slight extensions of time were peimitted in some cases to
finish cases#
Provisions similar to those for the lawyers
were included for the termination of service contracts and
leases for rooms by the Jewish patent lawyers.
A system of
pensions for worthy and needy expelled Jewish patent lawyers
who had been soldiers at the front was enacted, and was almost
identioal to the provisions made for the lawyers#
It was
stipulated that Jewish counsellors would not be allowed to
represent anyone in patent cases, except in the regular courts
8
as regulated by the laws on Jewish counsellors.
.
But aside from excluding non-Aryan and Jewish lawyers,
the National Socialist regime also excluded non-Aryans from
certain other closely related groups.
Thus a law promulgated
on April 7 provided for new elections of lay assessors,
and commercial judges,
jurors
the terms of the present occupants of
the offices to end on June 30, 1933.
Although there was no
indication in the legislation as to its intention, an item
in the Voelkischer Beobachter ran the head line tfNo More
Enemies of the State and Jews as Jurors and Commercial Judges.
8.
RCrBl.
1938, I:
1545.
The following announcement of the Bavarian Minister of Justice
was given:
Lay assessors and jurors who are of Jewish
descent shall not longer be permitted to attend
sessions of the grand juries and criminal courts.
They shall be replaced by assistant jurors who
are not disqualified on these grounds.
Until the appointment of new commercial
judges, the following shall apply:
Commercial
judges who are of Jewish descent shall no longer
be permitted to serve.
The President of the
State Court appoints in their place another com-g#
mercial judge of the same or another chamber.
A law was also promulgated which permitted the Reich gov­
ernment to make similar new appointments of persons as Assist­
ant Judges of Labor and Arbitration Courts, as well as to the
10
Technical Boards for Domestic Work.
.
Other laws provided
11 .
for the new appointment of arbitrators and their substitutes,
12 .
and the reconstitution of Boards of Tax Assessors,
while
non-Aryans were specifically forbidden to be admitted as tax
consultants.
made:
In the case of this last law, the regulation was
"Lawyers or notaries, even if they are of non-Aryan
descent, may occasionally be admitted as attorneys or coun­
sellors in matters of taxation.
Other persons of non-Aiyan
descent may —- on principle -*• not, even occasionally, be ad13 •
mitted to assist in matters of taxation.”
9.
Jews in Nazi Per m a n y . p. 146.
10.
11.
RGB1.
1933, I: 276.
Gesetzessaralung« p. 213, in Jews in Nazi Germany, p. 148
12.
RGB1.
1933, X:
219.
13.
RGB1.
1933, I:
257.
The purpose for these special re-elections or reappoint­
ments was that the Law for the Restoration of the Professional
Civil Service of April 7, 1933 applied to these offices, and
hence the quicker they were vacated the sooner their person­
nel could be made wholly Aryan in character.
Second only to their dislike of Jewish lawyers, is the
Nazi contempt for Jews in the medical profession.
Believing
that Jews have a diabolical desire to inject foreign blood
into the German race, thus "bastardizing" it in preparation
for Jewish domination over an enervated German people, the
Nazis were especially distrustful of Jewish doctors who would
have confidence of German patients and possibly be able to
take advantage of them.
Jewish doctors were not entirely denied the right to
practice under the early legislation.
The Order Concerning
Admission of Physicians to the National Health Insurance Ser­
vice (K-rankftnkassenl of April 22 , 1933 simply denied non-Aryan
physicians to work as panel doctors for the National Health
Insurance Service, which deprived them of a major source of
income.
Non-Aryan physicians were to be stricken from the
lists on July 1, 1933, unless they had done military service
for Germany during the war, had lost either a father or a son
in the war, or had entered the profession before August 1,
1914.
Pull documentary evidence was required of non-Aryans
14.
RGB1.
1933, I:
222.
14.
who wished to avail themselves of these exceptions.
Shortly thereafter the Order Concerning Admission of Den­
tists and Dental Technicians to the National Health Insurance
Service applied similar restrictions against these groups.
The added exception was made for dentists who had served
Germany or her allies professionally either at the front or
15 •
in an isolation hospital.
The further exoeption was made
also for female physicians and female dentists and dental
technicians of non-Aryan descent whose husbands had been
16 .
killed in action during the World War.
Further regulations issued by Dr. Wagner, the Reich com­
missioner of physicians, ruled that only Aryan physicians
might be substituted for by Aryan physioians, and non-Atyan
physicians to whom the
exceptions of the law applied had also
to be substituted only
by Aryan
physioians.
The same prin­
ciple applied to the employment of assistants.
Moreover,
Aryan physicians were allowed to assign their Aryan patients
only to Aryan specialists and other Aryan physicians.
Common
practice between Aryan and non-Aryan physicians was forbidden.
Beyond this, it became virtually impossible for a nonAryan medical student to gain admittance to the profession.
The Rector of the University of Berlin announced:
15.
RGB1. 1933, I: 350. Cf., Order Concerning the
Union of Dentists Admitted to the National Health Insurance
Service of Germany, July 27, 1933, (RGB1. 1933, I: 541).
16. BGB1. 1933, I: 983.
17. Voelkischer Beobachter, November 24, 1933, in
Jews in Nazi Germany. p. 155-156.
The Prussian Minister of Publio Instruction
has announced that non-Aryan medical students
cannot expect to receive authorization to prac­
tice. But according to present prescriptions,
diplomas in medicine and dentistry may be granted
only to foreign nationals regardless of the ques­
tion whether and when a German official authori­
zation to practice is granted; the only recourse
left to candidates of German nationality of nonAryan descent, if they desire to obtain their
diploma in medicine before securing authoriza­
tion to practice as a physician in Germany, is
to renounce German nationality. . . •
Of interest also in this connection is the fact that the
National Health Insurance Service was required to give examina­
tions both for entrance and promotion of physicians.
Candi­
dates were to be tested, aside from in the technical and pro­
fessional aspects, in “civics {National Socialist view of
life), as well as racial theory and eugenics.“
The Service
was required to see that “all officials, employees and labor19.
ers“ in its employment gained competence in these fields.
Although from a legal point of view certain non-Aryan
physicians were allowed to continue to practice in the National
Health Insurance Service, actually pressures were brought to
bear upon the publio from using such physicians.
It will be
recalled that physicians admitted to the profession before
August 1, 1914, who either fought at the front or who had a
father or a son killed in the war were to be allowed to con­
tinue to practice.
But in March 1934 the Nationalist Club
18. Frankfurter Zeituna. December 20, 1935, quoted in
McDonald, p. 156.
19.
RGB1.
1934, I: 84.
for Legal Information for Greater Berlin announced that since
non-Aryan physicians may not testify as experts in legal pro­
ceedings to obtain compensations or pensions under the sooial
insurance system, patients having been treated by such physi­
cians would not be able to make good their claim for social
insurance.
“All patients, therefore, who owing to an illness,
have a claim for a pension are cautioned that they must be
treated from the very beginning by German Christian (Aryan)
physicians only, because, as mentioned above, they alone are
20
considered eligible as experts in court procedure.“
.
This
and similar such semi-extra-legal pressures no doubt out
heavily into the practice of the remaining non-Aryan physicians.
The practice of Jewish physicians was more comprehensively
dealt with on the basis of the Nuremberg Beich Citizenship Law.
The Fourth Order under the Beich Citizenship Law of July 25,
1938 summarily announced that “licenses of Jewish physicians
expire on September 30, 1938,“ giving but a little more than
two months notice for such action.
The Reich Minister of
Interior, or an office empowered by him, was authorized, how­
ever, bo grant revokable permits to practice medicine to the
expelled Jewish physicians.
Thereafter such Jews as were li­
censed to practice the healing art were to treat only Jews,
as well as their wives and legitimate children, if these were
not Jews.
Provision was made for pensioning the expelled
20.
Yoelkischer Beobachter, March 14, 1934, quoted in
McDonald, p. 174.
Jewish physicians if they were soldiers at the front and {tin
case of need and worthiness.*
Other administrative details,
such as concerning the breaking of service contracts and the
termination of leases were included in the order*
SI.
Shortly thereafter the Order Concerning the Participation
of Jews in the Health Insurance of October 6 , 1938 cancelled
the Jewish physicians registration in the Health Insurance
Service.
In place of this it did grant to Jews who had been
granted the revokable permission to practice medicine to part­
icipate in the Health Insurance for Jewish members and their
Jewish family members, but this could be granted only with
the permission of the National Health Insurance Service of
Germany.
This permission remained instantly revokable.
The
Jews so practicing medicine were to be subject to the National
Health Insurance Service, which Service was permitted to '♦regulate the rights and duties of Jews differently from the gen­
eral regulations, in so far as special conditions demand this.
As was true of other similar legislation which followed
upon the Nuremberg Laws, this Order left in doubt the status
of the Jewish hybrid who had been excluded under earlier legis
lation against non-Aryans, but against whom there was appar­
ently no prohibition to practice under the present legislation
31.
33 .
BGB 1 .
1938, I:
969.
BGrBl. 1938, I: 1391.
The curious thing about this
Order was that it was to take effect five days before it had
been issuedJ
Did the old non-Aryan laws still apply against these indivi­
duals?
Although this new law may have permitted Jewish hy­
brids to practice, it allowed none of the exceptions formerly
granted under the older laws.
In the beginning of the next year, on January 17, 1939
there was issued the Eighth Order under the Reich Citizen­
ship Law, in which was declared that the "licenses of Jewish
dentists, veterinarians, and pharmacists expire on January
31, 1939," giving only two weeks notice for this action.
Again similar provisions were included which permitted some
of the Jews to continue to practice dentistry upon Jews ex­
clusive, with the exception of his wife and illegitimate
children, if they were not Jews.
But Jews were forbidden
the professional practice of veterinarianism, apparently b e ­
cause there are no Jewish animals which would have to be
23.
treated by Jews!
National Socialists have from the beginning displayed a
special interest in the care for the young and the education
of the youth, for they realized that the future of their
movement lay in the indoctrination of the young.
In fact,
the backbone of the entire National Socialist movement has
been the youthful element within it.
Thus it became extremely
important that nothing should be done to influence the young
people along false lines.
Since the Jew, according to the
ideas of the National Socialists, constantly attempts to poi­
23.
RGrBl.
1939, I:
47.
son the minds of the pure blooded Germans with whom he asso­
ciates, and especially with subversive ideas which will even­
tually permit him to dominate an enervated German people, it
becomes extremely important that Jews should not be allowed
to hold positions in which they might exercise such an in­
fluence.
The original Law for the Restoration of the Professional
Civil Service of April 7, 1933 in forcibly retiring all direct
and indirect non-Aryan functionaries of the Reich, states and
communes automatically excluded all school teachers and pro­
fessors from their positions, with only such exceptions as
24.
were provided for in the regular civil service.
In fact,
the Third Order Concerning the Law of May 6 , 1933 specifically
added:
Professors, instructors and lecturers in
colleges and universities who have been retired
or dismissed on the basis of this law automatical­
ly lose their license to teach or lecture. Hon­
orary professors and unsalaried instructors and
The prohibition against the employment of Jews in the gov­
ernment service as contained in the First Order of November 14,
1935 was later applied definitely to all who receive their
salaries in whole or part from the government, this being in­
terpreted as applying to all Jewish teachers in public schools,
24,
BGB1,
1933, Is 175,
35.
BGB1.
1933, I: 245,
as well as teaehers and professors and private instructors in
oolleges and universities, all of whom automatically lose their
teaching credentials, according to the Second Order Under the
26,
Reich Citizenship Law of December 21, 1935.
This law, as
other legislation passed under the Nuremberg Laws, was applied
to all Jews, without the exceptions previously admitted.
Moreover, students who wanted to enter teacher training
institutions had to indicate their religion and proof of their
27.
Aryan descent before being eligible for admission.
The
Prussian government amended its Law on Publio Schools so as to
prohibit Jewish representatives from serving on the Prussian
Publio School Administration.
Prior to that time, the senior
rabbi was a member of the Committee on Education in Prussian
towns where at least twenty Jewish children attended public
28.
schools, but this was now abolished.
But Nazi restrictions against Jews in eduoation applied
not only to the faculty, but also to the students.
Shortly
after coming to power, there was passed the Law Concerning
the Organization of Student Bodies at Universities of April
22, 1933 in which it was stated:
"Students of Geuaan descent,
who use the German language as their mother tongue and who are
fully matriculated at a university, form the student body of
26.
RGB1.
1935, I: 1524.
27. Voelkisoher Beobachter. December 22, 1934, in Jews
in Nazi Germaily. pp. 159-160.
23. Voelkisoher Beobachter, December 24, 1934, in Jews
in Nazi Germany, p. 160.
29.
this university regardless of their citizenship."
And thus
the purpose of excluding Jews from the student body of the
University was effected.
Serious restrictions were placed on the number of nonAryan students who were to be allowed to attend colleges and
universities and other sohools by the Law Against Overorowding of German Schools, Colleges and Universities of April 25,
1933 and by the First Order of April 25, 1933.
Herein it was
stated that in special schools and departments in which the
number of students was greatly disproportionate to profession­
al demand, the number of students to be registered for the
school year 1933 should be reduced.
But regardless of the
demand, the number of new non-Aryan students to be admitted
to any school, publio or private, was not to exceed the per­
centage of non-Aryans in the German population, which was
set at 1*5$.
But if the percentage was so low as to admit
no non-Aryan students, then at least one was to be admitted.
Not to be included within this percentage were the non-Aryan
students whose fathers fought at the front during the war or
30.
who had at least two Aryan grandparents.
A profession in which it was felt that special care had
to be exercised to prevent Jewish influenoe from corrupting
the minds of pure Aryans was that of journalism, and so the
29.
BGB1.
1933, I: 215.
30.
BGB1.
1933, I: 225.
Law Concerning Editors laid down
tions for becoming an editor.
special racial qualifica­
It was specified that an editor
must be a German citizen, must be of Aryan descent and not
married to a person of non-Aryan descent and must possess
"the qualities requisite for a task involving the exercise
31.
of a spiritual influence upon publio opinion."
In the
Order Concerning the Enactments and Execution of the Law of
December 19, 1933 the usual war exceptions were made, as well
as exceptions to persons married to non-Aryans at the time
the original law went into effect.
Non-Aryans were, however,
to be permitted to edit Jewish newspapers, but were to be
32.
restricted to these exclusively.
But apparently these restrictions were considered too
mild, for with the promulgation of the Order for the Preser­
vation of the Independence of the Press of April 28, 1935,
it became mandatory for all publishers, stockholders of
newspaper firms, the members of the boards of directors and
employees to prove "their own Aryan descent and that of their
wives.
• . up to 1800."
Moreover, publishing firms were to
be suppressed if their newspapers reported "on events in a
form not commensurate with their importance for the publio
and iidiioh is apt to give offence to or prejudice the dignity
of the press." 33 *
31.
BGB1.
1933, I: 713.
32.
RGB1.
1933,
33.
p. 159.
I: 1085.
Frankfurter Zeitung. April 26, 1935, in McDonald,
Almost no one would deny that motion pictures today con­
stitute a large influence upon the public opinion.
For fear
of a misleading influenoe through this medium, laws were en­
acted making possible the control of those who produoed the
films.
Thus, the Law Concerning the Establishment of a Tem­
porary Film Chamber of July 14, 1933 made it mandatory that
Whoever as an employer produces, trades or
represents films either professionally or for
common use, or who as a film creator co-operates
in the production of films, must be a member of
the film chamber. Admission to the film chamber
may be refused, or a member may be excluded, if
faots justify the presumption that the person in
question does not possess the necessary reliabil­
ity for carrying on the film profession.
Film creators are production managers, stage
managers, composers, story writers, musical man­
agers, musicians, managers of photography, archi­
tects, photographers, sound masters, stars and
minor artists, supers, and the like.3 4 *
In a subsequent order it was provided that the "public pre­
sentation of a film is forbidden if its producer cannot prove
35.
the membership of all persons participating in it.
Al­
though the restrictions herewith given are not of a racial
character, the purpose of this legislation is indicated by
Dr. Goebbels,
the Minister for Propaganda and Bnlightenment,
who in his official capacity was the author and promulgator
of these regulations.
Speaking before the film producers of
Germany on April 9, 1934, he told them that one of their chief
34.
RGB1.
1933, Is 483.
35.
RGB1.
1933, Is 531.
168.
36
tasks was the "exclusion of the Jews."
.
But these earlier attempts at separate and Isolated con­
trol of the various arts which might influence public opinion
were of a temporary character and awaited comprehensive con­
trol of the entire field, which was established by the Law
C o n o e m i n g the Establishment of a Reich Chamber of Culture
of September 22 , 1933*
The Reich Chamber of Culture was to
include the following chambers, each of which was to consist
of all the persons active in these respective fields: Cham­
ber of Literature, Chamber of the Press, Chamber of the
Broadcast, Chamber of the Theatre, Chamber of Music, and a
Chamber of the Plastic Arts.
The Order of November 1, 1933
issued under this law added:
Whoever participates in production, reproduction,
spiritual or technical elaboration, dissemination,
preservation, sale or commission of sale of a cul­
tural product, must be a member of a branch of the
Reioh Chamber that appertains to his activity. Dis­
semination also means the production and sale of
technical means of dissemination.
Sec. 10 of the Order added:
Admission to a branch chamber may be refused,
or a member may be excluded, if facts justify the
presumption that the person in question does not
possess the necessary reliability and capacity for
carrying on his activity.37*
The meaning of Sec. 10 is clarified by a request to the
various state governments officially promulgated by Herr
36.
p. 160.
37 .
y-pflniffnrtfir Zeitung. February 11, 1934, McDonald,
RGB 1 *
1933, I: 797.
Goebbels,
the Minister for Enlightenment and Propaganda.
I emphasize that appearance on the German
stage depends on membership in one of the branch
associations of the Reich Chamber of Culture
(Sec. 4 of the First Order Concerning the Law
Concerning the Reich Chamber of Culture, Reiohsgesetzblatt I, page 797), and that non-Aryans
are regularly refused admission to these asso­
ciations in oonformity with Section 10 of the
said decree.
Therefore, please instruct the
police to demand in all questionable cases proof
of membership in the association, and, where
proof cannot be given, to forbid appearance.
Furthermore, I leave it to the police auth­
orities to inform the president of the Reich
Chamber of the Theatre of oases where member­
ship in the association is proved, in order that
the case may be re-examined.
I request you
strictly to execute my demand. We must not tol­
erate a situation that the publio resist, by
self-help, the appearance of elements of whom it
has believed itself already free.’53*
Thus it became clear that Jews would not be tolerated in
any field in which they might influence or help shape the pub
lie opinion of Germany.
CONCLUSIONS
The Jews have been progressively and today completely ex­
cluded from medicine, dentistry, law and its associated fields,
education, movies, and all divisions under the Reich Chamber
of Culture.
Exceptions are made only to permit Jews to prac­
tice some of these professions in relationship exclusively
with Jews.
33 #
Voelkisoher Beobaohter. March 7, 1934, in Jews jui
Nazi Germany, p. 166.
170
CHAPTER
10
ECONOMIC RESTRICTION AND IMPOVERISHMENT OF THE JEWS
Economics having been defined as the study of how man
makes a living becomes an extremely important study for an
understanding of any group, especially if this group has
been denied or seriously restricted in this right.
The age
old charge against the Jew that he is usurous, unscrupulous,
and sharp in his business tactics have been dignified in the
National Socialist racial theory as being inherited, psy­
chological attributes, of which a Jew could no more divest
himself than the shape of his nose or the color of his eyes.
It therefore became extremely important to regulate the Jews
to the minutest detail, to restriot their activity so they
would not be able to exercise diabolical qualities, and to
force them from their positions of special privilege which
they had consolidated through these tactics.
Moreover,
since the Jewish capitalist was eventually to attempt to
destroy German civilization and bring about Jewish world
domination through his position of influence, his special
position must be destroyed before he could put his diabol­
ical plan into effect.
Although it is well known that the National Socialist
Government of Germany applied a great number of economic
restrictions upon the Jews almost from the very beginning,
these were almost entirely of an extra-legal character be­
fore the passage of the Nuremberg Laws, and even then it
171.
was some time before any amount of restrictive legislation
was enacted.
But even before this the oourts had taken no-
tioe of the spirit of Nazi Germany and in some cases actu­
ally applied the spirit of the National Socialist program,
despite there being no law with such provisions on the statute
1•
books.
One of the first pieces of legislation of this character
was the First Order under the Law Concerning the Leasing and
Administration of Publio Apothecaries, of March 26, 1936.
2.
Under the law upon which this order was based, an apothecary
which served the public was subject to compulsory leasing
under certain circumstances, when it appeared to be in the
public interest to have someone other than the owner manage
it.
Thus, if the owner were a widow or small children, if
the owner had endangered the safety of his customers, if he
were seriously ill or senile, or if he were "unreliable in
national or moral relationships," the compulsory leasing could
3.
be applied.
The Order of March 26 under this law provided that "pub­
lic apothecaries, owned by Jews, are subject to compulsory
leasing" and that "Jews are not to be permitted as lessees.",
Thus, by the law all Jews were required to divest themselves
1.
See McDonald, pp. 178-187.
3.
R GB1.
1936, I: 317.
3.
RGB1.
1935, I: 1445.
of active control of all drug stores in Germany.
This did not,
of oourse, hinder Jewish hybrids from retaining their pharma­
cies , nor did it effect those persons married to Jews.
A business in which it was felt that Jews might be es­
pecially dangerous was in the manufacture of firearms and
munitions, the manufacturers of which were required by the
Arms law of March 18, 1938 to obtain a permit from the gov­
ernment.
Sec. 3 of the law provided that permission could
not be granted to the petitioner if he or any of the persons
in the technical management or the sales of the concern were
4.
Jews.
The picture of the Jew as a salesman, huckster or auction­
eer has become deeply inbedded in the publio mind, not only in
Germany but even in the United States.
Apparently this pic­
ture was not too pleasing to the Nazi mind to contemplate,
for on February 5, 1938 the Fourth Law of Amendment to the
Law Concerning the Auctioneering Business forbade Jews from
5.
engaging in auctioneering*
The Announcement of February
12 made concerning this law also forbade corporations from
engaging in this business, for it required that only natural
persons who are not Jews may be permitted to engage in auc6.
tioneering.
4.
H GB1.
1938, I: 265.
5.
R GB1.
1938, I: 115.
6.
KGB1.
1938, I: 202.
But the really comprehensive legislative program against
the J e w s 1 economic status was not inaugurated until 1938.
Forebodings of things to oome were undoubtedly forthcoming
as a result of the Order Concerning the Declaration of Prop­
erty of Jews, of April 26, 1938.
This law required that
every Jew who possessed property in excess of the value of
5000 Reichmarks must register and evaluate his entire prop­
erty whether in Germany or abroad.
only their property within Germany.
Foreign Jews need register
And the law was also made
to apply to the non-Jewish consort of a Jew.
The registra­
tion was to include the entirety of the Jew’s property even
though personal, or movable, or otherwise tax exempt.
The
registration was to take place by June 30, 1938 (with indi­
vidual exceptions), and the failure to comply entailed im­
prisonment, fine or confiscation of property or a combina­
tion of these.
And even the attempt at evasion was consid7.
ered a violation.
On the same day a Regulation on the basis of the Order
was issued which apparently attempted to prevent any sudden
transfer of property by the Jews to hide certain holdings.
The alienation or the leasing of a business,
land, or forrest enterprise, as well as the arrange­
ment of a usufruct for such an enterprise requires
permission for its validation, if a Jew participated
in the legal transaction of closing the contract.
The same applies to the obligation to undertake such
7.
RGB1.
1938, I: 414.
174
8.
a legal transaction#
An exception was made, however, if the transaction already
required the permission of an inheritance or an entailment
oourt•
Preparatory for later legislation against Jewish busi­
ness enterprises, there was issued the Third Order Under the
Reich Citizenship Law of June 14, 1938, in which definitions
of what constitutes a Jewish business enterprise was given.
This order stipulated that all Jewish business enterprises
should be entered into a record with a governmental authority
9.
to be designated by the Reich Minister of Interior.
In defining what caused a business enterprise to be of a
Jewish character, the order indicated that any business is
considered Jewish if the manager is a Jew.
An open trading
company or a limited liability are considered Jewish if any
of the personally attached partners are Jews.
A corporation
is Jewish if any of the following conditions prevail:
If
any of their legally appointed representatives or members of
their supervisory committee are Jews, or ”if Jews are de­
cisively participating either according to capital or voting
power.”
Decisive participation in capital is attained when
more than a quarter of the capital belongs to Jews, in vot­
ing power when Jews obtain one-half of the total votes in
the corporation.
The provisions for a corporation also ap-
8.
KGB1#
1938, I: 415.
9#
RGB1#
1938, I: 627.
ply to mining companies which possess no legal competence.
The presumption prevails that Jews were participating de­
cisively either according to capital or voting power, if on
January 1 , 1938 a joint stock company or a limited liability
company had Jews on its hoard of directors or supervisory
committee, whereas the opposite presumption prevails if these
10
.
conditions did not obtain.
Branch establishments of Jewish business are considered
Jewish regardless of their character or management.
And the
regulations given above apply also to "unions, organizations,
institutions, and other undertakings which are not business
enterprises."
Thus it became necessary for all Jewish or­
ganizations to be entered into the record, regardless of
their character.
An enterprise which was classified as Jewish by the ad­
ministrative authority had the right to enter a protest
against its being entered into the Jewish reoord within two
weeks after being notified of its Jewish character.
If the
administrative authority refused to reverse its decision,
then a system of appeals reaching clear up to the Minister
of Economics was instituted.
It was further indicated that
whenever the conditions which led to this decision or caused
a business to be classified as Jewish ceased to exist, the
name of the firm would be stricken from the Jewish record.
10.
BGB1.
1938, I: 627.
This then was a clear incentive for firms to divest themselves
of all Jewish characteristics or influence.
Already prior to this time an order had been issued which
attached penalties of imprisonment of one year and a fine upon
“any German national who for selfish reasons helps to hide the
Jewish oharaoter of a business enterprise to the confusion of
11 .
the people.**
In order to prevent the hiding of the Jewish
character of business firms, an Edict of the Minister of Econ­
omics on July 14 provided for special investigations of for-
merly Jewish firms.
ia.
This edict also specifically provided that a business
did not obtain a Jewish oharaoter through the participation
of Jewish hybrids or persons married to Jews, unless their
relatives, or consorts,.or relatives by marriage exeroised a
dominating influence upon the business through such persons.
Tragic indeed was the day of November 7, 1958 when
Herschel Grynszpan, a Polish-Jewish boy born in Germany,
entered the German Embassy in Paris and shot and killed
Erich v o m Hath, a secretary in the Embassy, in revenge for
treatment which his parents had received in Germany.
During
the entire month of November there resulted an intensive
campaign against the Jews both of a legal and extra—legal
character.
The bitter feeling which was generated among the
11.
BGB1.
1938, Is 404.
12 *
Hoohe, 28: 65.
National Socialists legal expression in the promulgation of
a great number of legislative enactments.
The extra-legal
drive against the Jews was expressed in mob violence and
destruction of Jewish property by bands of people seeking
vengeance for fourteen houses on the day of November 10 un­
til Propaganda Minister Joseph Goebbels called a halt.
But
he did characterize the German people as showing “healthy
instincts '1 in thus taking the law into their own hands to
13.
punish the Jews.
Upon the oonolusion of the pogrom, the Commissioner
for the Four Tear Plan issued the Order for the Beconstruction of Frontage of Jewish Business Enterprises of November
12 , with the following provisions:
Sec. 1. All damages to Jewish business enter­
prises and dwellings which resulted from the up­
rising of the people over the incitement of inter­
national Judaism against the National Socialist
Germany on November 8, 9, and 10, 1938 are to be
immediately repaired by the Jewish proprietors or
by the Jewish business enterprises.
Sec. 2.
(1)
The costs of reconstruction are
borne by the proprietor of the affeoted Jewish
business enterprise or dwelling.
(2)
Insurance claims by Jews of German nation­
ality will be seized for the benefit of the Beioh.
On the same day the government levied a fine of one bil
13.
New York Times. November 8, 9, 10, 11 and passim,
14.
RGB1.
1938.
1938, I: 1581.
lion marks against the Jews of Germany, as indicated in the
Order Concerning a Doing of Penance by the Jews of German
Nationality of November 13, 1938.
was explained in the preamble:
The purpose of the act
"The hostile attitude of
Judaism toward the German people and Reich, which does not
hesitate before cowardly acts of murder, demands resolute
15.
protection and heavy penance."
This levy upon the Jews, which was to be paid both by
German Jews and stateless Jews resident within Germany but
not by Jews of foreign nationality, was to be paid by a
straight 30% levy against the property of all Jews who had
16
registered their property under the Order of April 36, 1936.
Fortunately for the poorer Jews, this provision automatically
exempted any Jew who possessed less than 5000 H M worth of
property from making a contribution.
These contributions
were to be made in four equal installments to be paid at
intervals between December 15, 1938 to August 15, 1959.
Al­
though the order of April 36, 1936 had required the nonAryan consorts of Jews also to register their property, this
order specifically exempted them from making any contribution.
But it is obvious even to the casual, untrained observer
that it would be difficult for all the Jews in Germany to
15.
RGB1.
1938, I: 1579.
16.
See above, p. 173.
17.
RGB1.
1938, X: 1638.
liquidate in a period of nine months a sufficient portion of
their total assets to he able to pay 20% of that in money
fines to the government.
The business confusion which would
result from the sudden attempt to sell these properties would
probably cause an unfavorable reaction in the entire economy,
which was anything but desired by the government.
Moreover,
the independent and competitive forced sales would probably
seriously depress prices, giving the benefit to the clever
manipulator and purchaser within the German economy, rather
than to the government.
Probably for these reasons, and be­
cause of the desire to eliminate the Jews from German economic
life, the government, beginning on November 21, and extending
over a period of months thereafter, enacted a legislative
program providing for the elimination of Jews from business
and for the liquidation of their economic holdings.
The third piece of anti-Jewish legislation to be pro­
mulgated on November 12 was the Order for the Elimination of
Jews from German Economic Life, which was also issued by
Marshall Goering, the Commissioner for the Four Year Plan.
This Order declared:
Sec. 1. (1) Beginning with January 1, 1959,
Jews are forbidden the management of retail stores
(Einzelhandelsverkaufsstellen), export businesses
(Vers^flgQSQhaefte) . or mail order houses (Bestelkontoren) , as well as an independent management
of a trade.
(2 ) Moreover, they are forbidden, beginning
on the same day, to offer for sale, to attempt to
sell, or to take orders for merchandise or pro-
fessional services at markets of" any kind,
at fairs or exhibits.1 8 •
Thus at one fell stroke, Jewish management of salesand trade
concerns, as well as Jewish participation of the sale of mer­
chandise or professional services were outlawed, and the
police was ordered to lock any establishments violating this
order.
Jews who were at that time in managing capacities of
business undertakings were to be given notice of dismissal
within a six weeks period of time, after which all contract­
ual rights of the Jewish employee expired, and especially all
claims for salaries or remuneration.
It was provided also that "a Jew cannot be a member of a
company," and that Jewish members of companies were to retire
on December 31, 1958.
Exceptions or extensions of time might
be granted "in so far as these are necessary in the transfer
of a Jewish business enterprise into non-Jewish possession,
for the liquidation of Jewish
business enterprises or
special cases for insuring of
supply."
in
The Order for the Execution of the Order issued on
November 23 went even further in requiring that "retail trade
stores, export businesses, and mail order houses belonging to
Jews are to be completely dissolved and liquidated."
The
transfer of such sales undertakings to non-Jewish ownership
was permissible only when necessary "for insuring the supply
J.8.
HGB1.
1938, I: 1580.
to the population" and required the permission of an appointed
jL9 «
governmental agency.
For the liquidation of these properties, special agencies
were to be appointed for the disposal of the goods.
A special­
ist was to be appointed by the President of the appropriate
industrial or commercial chamber to make appraisals of the
goods involved before their disposition.
But the order is
quite vague as to the method of disposition, except that the
sale of commodities to the ultimate consumer was not permis­
sible.
In case an orderly liquidation of a business seemed un­
likely, a liquidator with full powers of attorney and of in­
stituting legal actions and especially of instituting bank ­
ruptcy proceedings was to be appointed.
The costs of such
liquidation were to be borne by the undertaking involved.
A final provision dealt with Jews in handicraft enter­
prises:
"Jewish possessors of handicraft enterprises are
to be stricken from the handicraft list by December 31, 1938;
the handicraft card is to be withdrawn."
Further details of administration were issued in the
Second Order for the Execution of the Order Concerning the
Elimination of Jews from the German Economic Life on Decem­
ber 14, but no fundamental changes or significant provisions
20 .
were added.
19.
RGB!.
20 . HGB1.
1938, I: 1642.
1938, I: 1902.
Twelve days before the first payment of the one billion
mark fine came due, the government issued another piece of
legislation of even more far reaching consequences, the Order
Concerning the Deposit of Jewish Property of December 3, 1938.
This order declared that the possessors of all types of Jew­
ish business enterprises, regardless of type, might be re­
quired to alienate or liquidate the business with a certain
22
.
length of time.
Similarly, a Jew might be required to di­
vest himself of his land, forrest property, real estate or
other property.
A trustee with full powers of attorney might
be appointed to take charge of the business or property and
to promote its alienation or liquidation.
With the appoint­
ment of the trustee, the Jewish owner loses all rights of ad­
ministration or disposal of the property, which powers reside
exclusively in the hands of the trustee,
except that alien­
ation of the property requires government consent to make the
transaction valid.
The possessor of the property is to be
charged with the costs of the trusteeship, and a fee may be
23.
applied to the general regulation.
Since the purpose
their holdings,
it was
of this order vms todivest
provided that "Jewsmay
Jews
of
not obtain
pieces of land, the right to land, or the landlord's right
21.
RGB1.
1938,
I: 1709.
22. For a definition of what constitutes a Jewish
business enterprise, see above, pp. 173-174.
23.
3GB1.
1938,
I: 1709.
through legal business.**
Curiously enough, although the pre­
vious order which levied the fine against the Jews excluded
the Aryan consorts of Jews, this law applied to them as well.
The order was comprehensive in nature and applied to all
types of Jewish business enterprises, as well as non-business
undertakings.
Beyond these provisions,
the order stated: ftWithin one
week after the going into effect of this Order, Jews must de­
posit all their stock, mining stock, notes yielding fixed
interests,
and similar valuable papers in a depot at an ex­
change bank (Devisenbank) .rt Such papers acquired in the fu­
ture should be similarly deposited and others who had posses­
sion of papers belonging to Jews would have to deposit them
to the credit of the Jews.
These provisions were not made to
apply to Jews of foreign nationality.
The final article dealt with Jewish possession of valu­
able articles.
Jews are forbidden to acquire, to pawn (or
mortgage), or alienate without permission objects
of gold, platinum or silver, as well as gems and
pearls.
Such objects may be acquired only by the
public purchasing offices established by the Heich,
except for the foreclosure of a mortgage on Jewish
property to the credit of a non-Jewish mortgage,
already existing at the time of the going into ef­
fect of this law. The same applies to other orna­
mental and art objects in so far as the price of the
individual object exceeds 1000 Reichmark♦
Two and a half months later Hermann Goering, the Commis­
sioner for the Four Year Plan, ordered all Jews, excepting of
course the Jews of foreign nationality,
to deliver all objects
of gold, platinum or silver as well as gems or pearls within
their possession* to the public purchase stations of the
Heioh government within two weeks time.
Serious penalties
were to be inflicted for violations.
In the oases of mixed marriages with non-Jewish persons,
deliveries were not neoessary (a) if there were children who
were not considered Jews,
isted,
(b) if the marriage no longer ex­
(o) if it was a ohildless marriage, the wife being a
Jewess and the husband German blooded or a hybrid with only
25.
one Jewish grandparent.
The following items were exempt from deliveries:
per­
sonal wedding rings, silver watches, gold or other dental
fillings, for each person two place settings of silverware
each consisting of knife, fork, spoon and teaspoon, and
above that silver objects up to a weight of 40 g. per piece
and a total weight up to 200 g* per person.
Thus it can be seen that with this legislation the
government accomplished two objectives.
First, there was
an effective elimination of Jews from any substantial part­
icipation in the German economic life, and secondly, with all
of these properties deposited with various agencies of the
government, it became a comparatively simple administrative
matter to collect the one billion mark fine levy upon the
24.
KGB1.
1939, I; 282.
25.
Hoche 31: 540.
Jews of Germany.
CONCLUSIONS
1*
The National Socialist regime has consciously, pro­
gressively and systematically placed restrictions upon the
economic activity of the Jews until they are today almost
completely eliminated from the business and commercial life
of Germany.
2.
Action taken against the Jews prior to the enact­
ment of the Nuremberg laws was largely of an extra-legal
oharaoter.
3.
Participation of Jews in any managerial or leader­
ship capacity caused a business to be characterized as a
Jewish business enterprise.
The same was true if the majority
of the voting power or a quarter of the capital was possessed
by Jews.
4*
Later all Jewish businesses were prohibited.
All Jewish property could be required to be liquidated
and Jewish valuables and valuable papers were to be placed on
deposit with the proper authorities.
5.
A fine of five billion Beichmarks was levied against
the Jews, which represented approximately 20$ of the value of
their estimated holdings, for the murder of von Rath by
Herschel Grynszpan*
Some of the measures mentioned above
were enacted to expedite the payment of this fine.
6.
The intention of getting the Jews to emigrate from
Germany as a result of the restrictive economio regulations
was either expressly stated or implied in some of the legis­
lative enactments.
CHAPTER 11
RESTRICTIVE SOCIAL LEGISLATION
The social relationships of the Jews of Germany have also
been seriously affected by legislation in the Third Reich.
In
the Party Program of 1920 Point 5 proposes that "a non-citizen
shall be able to live in Germany only as a guest and must be
1.
subject to regulations for aliens .11
In the previous point
it was indicated that from the National Sooialist point of
view it was impossible for a Jew to be a citizen of Germany.
But even more fundamental than this is the fact that the
Nazis and their predecessors such as Houston Stewart Chamberlain have feared social intermixture with the Jews, lest this
mean marital and extra-marital intermixture, and hence the
^bastardization* of the German people through the injection
of inferior Jewish blood.
Perhaps almost as great a fear was
the Jewish influence upon the German thinking and way of life,
which was considered almost as corrupting as the racial bastard­
ization.
We find, for instance,
in Point 24 of the Party Program
the following statement:
We demand freedom of worship for all religious
bodies within the State, in so far as they do not
threaten its stability or run counter to the ethical
and moral sentiment of the Germanic race.
The Party
as such stands for positive Christianity, without
binding itself to any particular denomination.
It
is strenuously opposed to the materialist influences
1.
Programm, p. 15.
a.
of the Jewish mind within and without the Party*
A fundamental tenant of National Socialism is that a new
superior race may he produced from German blood and soil
(Deutsches Blut und Boden) •
This theory presented elsewhere
in this dissertation is that through an intimate relation­
ship of a pure Germanic blood and of the wholesome Germain
soil a race of people can be bred which is far superior to
anything which exists today and would rival or perhaps sur­
pass the splendor of the ancient Teutonio race*
This doctrine
had long been preached by Richard Walther Darre, who became
3*
Minister of Nutrition and Agriculture in the Third Reich.
In order to put this part:
of Nazi ideology into prac­
tice, the Law of Entailed Estates of September 39, 1933 was
promulgated "to maintain the peasantry as the wellspring of
the German people by securing the German tradition of an­
cestral rights."
The law provided for the passing on cf farm
holdings from father to son, disallowing any alienation or
mortgaging of the property.
To become the possessor of sach
a hereditary manor one had to be "a respectable person who
is a German citizen and has German or kindred blood."
It
further speoified that "a person is not considered German or
as having cognate blood,
if his paternal or maternal ancestors
have Jewish or colored blood in their veins."
2.
3.
And in order to
Ibid*
R. Walther Darre, Neuadel aus Blut und Boden (Munich:
J. F. Lehmanns, 1936).
prove one's purity of blood it became necessary to trace one's
family tree back to January 1, 1800.
In case of doubt, the
4.
matter was to be decided by the inheritance board.
The per­
sonnel of these inheritance boards was to consist exclusively
of persons of German or kindred blood, and non-Aryans were
excluded from practicing before the board as counsels for
5.
petitioning parties.
The social field in which the strongest stand has been
taken is in the marital and extra-marital sex relational ips
between Jews and non-Jews.
At first this was regulated largely
by social pressure and through negative legislation, but later
6
this was carefully regulated by law.
. The
oharaoter of the
negative legislation is illustrated by the Order Concerning
the Granting of Marriage Loans of June 30, 1953.
Because it
was felt that young people frequently had to postpone marriage
because of financial embarrassment, an order was issued under
the Law for Seducing Unemployment, which would grant loans to
couples desiring to be married.
But this order specified that
loans would not be made rtif, due to the political belief of
one of the two consorts,
it cannot be assumed, that he will
always unreservedly defend the interests of the national
7.
state.1*
That this would not include Jews, who were consid­
ered as being incapable of loyalty to the German state, was
4.
BGB1.
1935, Is 685.
5.
BGB1.
1933, I: 749.
McDonald, pp. 196-301.
7.
RGBl.
1933, Is 377.
clearly understood#
This was made even more plain by the Ex­
planations of the Kef oh Ministry of Finance as to the Law Con­
cerning the Promotion of Marriage Contracts which was issued
on July 5, 1933#
Under the section dealing with the Aim of
the Marriage Loans it clearly specified that these loans were
meant for Volksgenoasen and Volksgenossinen. which is a racial
8
term indicating membership in the nation.
. Point
4 of the
Party Program unequivocally states that no Jew can be a
Volksgenosse.
But the more important legislation aimed against the in­
termarriage of Jews and Germans was passed on September 15,
1935 at the special session of the Reichstag at Nuremberg*
The preamble of the Law for the Protection of German Blood
and German Honor stated the underlying assumption of this
legislation:
Permeated with the knowledge that the
purity of German blood is the prerequisite
for perpetuating the German people, and in­
spired by an inflexible determination to se­
cure the existence of the German nation fpr
all time to come, the Reichstag has unani­
mously passed the^following law which is here­
by proclaimed#
The Order for the Execution of the Law for the Protection
of German Blood and German H o n o r , which was promulgated on
November 14 of the same year, further indicated the purpose
of the law in Sec. 6 :
tfA marriage shall not be performed in
8#
Reiohsanzeiger No# 199, quoted in Jews ,in Nazi
Germany * p* 1759#
HGB1#
1935, Is 1146.
the future if children may be expected from it who may endan-
10
.
ger the purity of the German blood."
Under this blanket
provision, further specifications were made.
The Law itself
prohibited the marriage of Jews to "nationals of German or
kindred blood," and declared that marriages performed in
contravention of this law to be null and void.
Fven marriages
performed abroad in an attempted circumvention of the law were
to be invalid.
But since the marriage would not automatically
be known to be void, only the public prosecutor was given the
right to sue for annulment.
It will be recalled that the First Order Under the Reich
Citizenship Law of November 14, 1935 —
promulgated on the
same day as the above mentioned order —
defined the meaning
of and distinguished between the Jew and the Jewish hybrid.
In general the Jew was a person with three or four fully Jew­
ish grandparents, while a Jewish hybrid was one with only one
.
11
or two fully Jewish grandparents.
The full legal disabil­
ities were applied only against the Jew, whereas the Jewish
hybrid might be a citizen and possess practically all of the
rights of a German-blooded national except becoming an army
or a labor service officer.
But from the Law for the Protection of German Blood and
German Honor and more especially from the Orders issued under
10.
B GB1.
1935, Is 1334.
11.
RGB 1 .
1935, I: 1353.
it, it was clear that an attempt would he made eventually to
dissipate the existence of this group of Jewish hybrids through
assimilation either with the German blood or with the Jewish
people,
Jewish hybrids with two fully Jewish grandparents are
permitted to marry Jews or to marry other Jewish hybrids with
two fully Jewish grandparents.
If such a hybrid married a
Jew, it would mean that the preponderance of the offspring’s
blood would be Jewish and the offspring would probably be
classified as a Jew, even though he may not have had three
fully Jewish grandparents.
There are, as previously indicated,
a variety of combinations and possibilities not covered by the
Reich Citizenship Law.
When two hybrids each with two fully
Jewish grandparents got married it would probably mean that
the offspring would remain within the same category.
On the other hand, hybrids with two Jewish grandparents
may marry hybrids with only one Jewish grandparent or German
blood individuals, but only with the permission of the Mini­
ster of Interior and the Deputy to the Fuehrer or some office
designated by them.
Sec. 3, Par, 2 stated:
"In making a de­
cision, special attention must be paid to the physical spir­
itual, and character traits of the applioant, the period of
his family’s residence in Germany, his or his father’s partic­
ipation in the World War and his family history."
The In­
struction for the Execution of Sec. 3 of this order, issued
December 23, 1935, throws further light on considerations to
be attached.
Special attention should be paid to petitioners
"bodily, psychological, and character traits" and to his
"political reliability and his racial traits."
It institutes further investigations con­
cerning the family history of the petitioner;
in this special attention should be paid as to
how long the family has resided in Germany, what
vocations the family members have practiced,
whether they have rendered services in the Ger­
man military force, whether they, especially as
far as they are German-blooded, have participated
in German cultural life (Geistesleben) etc. The
petitioner must prove, as far as possible, his., p
assertions concerning these circumstances.
The administrative machinery which makes these investi­
gations is not particularly important for the purposes of
this study, except that an examination of the petitioner by
the Health Office of the National Socialist Party in which
speoial attention is given to racial characteristics, is
mandatory.
Thus it can be seen that extreme caution is ex­
ercised in permitting the marriage of a hybrid with two Jew­
ish grandparents to either a hybrid with one Jewish grand­
parent or a German blooded individual.
Quite obviously the hybrid with two Jewish grandparents
is in a peculiar position, for he enjoys practically all of
the rights and privileges of the German blooded individual,
but he still may freely inter-marry and hence assimilate with
the Jewish group.
Of course, if he did marry a Jew he would
lose some of his political rights.
Although for most pur­
poses he is in a category with the pure-blooded Germans, he
might not inter-marry with them, except with special permission,
12.
Hoche, 16: 59.
as indicated above.
'The hybrid with only one Jewish grandparent is left in
a peculiar, anomolous position, and it is clear that the at­
tempt is being made to assimilate this group completely into
the German Volk in time.
Such an individual cannot marry
either a Jew or another hybrid like himself who has only one
Jewish grandfather, but apparently can with special permission
as indicated above, marry a hybrid having two Jewish grand­
parents*
These hybrids with one Jewish grandparent are ap­
parently free to marry only German blooded individuals, which
would mean the complete assimilation of their progeny within
the German V o l k .
For the enforcement of this law, it is necessary for en­
gaged persons who wish to be married to prove by "certification
their physical fitness for matrimony and that no obstacle to
marriage in the sense of Sec. 6 of this Order if present."
Sec. 6 , it will be remembered, requires that children must
not result which would endanger the purity of the German blood.
Appeals from decisions to refuse to grant such certificates
can be made only to an administrative supervisor.
Aside from dealing with the subject of marriage, the Law
for the Protection of German Blood and the Order issued under
it makes similar,
if less detailed, restrictions against extra­
marital sexual intercourse between Jews and Germans.
A clear
cut injunction is issued against Jews from having intercourse
with either "nationals of German or kindred biood" or hybrids
having only one Jewish grandparent.
But the reason for this
provision was undoubtedly the widespread belief among Nazis
that Jewish men are voluptuous and sensual, and constantly
given to the seduotion and raping of pure-blooded, fair-haired
innocent Nordic virgins,
13.
spring.
and thus bastardizing their off-
Another provision of this law which indirectly sought
to achieve the same purpose of thwarting the Jewish lust for
German women was the restriction upon Jews from employing
within their households "female nationals of German or kindred
blood under 45 years of age,"
The stories of the seduction
or rape of household servants are numerous in Nazi literature,
ranging from Herr Streicher’s pornographic Per Stuermer to
Hans Guenther’s dignified, erudite books on the racial prob14.
lem.
The Order under the Law permits German women to con­
tinue in their present Jewish employment if they have reached
the age of 35 by the time of the promulgation of the law.
A
household is considered as Jewish if a Jewish man is at the
head of it or belongs to the house community.
Both Germans and Jews violating the provisions of this
law or of the orders promulgated under it are subject to
13. But there is no indication within the law that this
prohibition applies only to Jewish men, as the late Professor
Garner seemed to think.
James Wilford Garner, Becent German
Nationality Legislation," American Journal of International
Law, -30 (1936), 96-97.
14. Hans H. F. Guenther, Bassenkunde des iuedisohen
Volkes {Munich:
J. H. Lehmanns, 195 o T *
severe punishments of imprisonment or penal servitude, al­
though the length of the terms are not specified, as is
characteristic of the law in the Third Reich.
Sec. 16 of the
law makes the added provision, however, that "the Fuehrer
and Chancellor may grant immunity from the provisions of the
law and its executive orders."
It should be added here that
there are other minor provisions of the law of a different
character which will be discussed later.
This law should make it clear that the rulers of the New
Germany, although attempting to carry out their racial inter­
pretation of the concept of Jew and therefore to prevent the
injection of any Jewish blood into the German V o l k , have run
into practical difficulties in preventing the injection of
small amounts of Jewish blood into German veins.
Thus, Jew­
ish hybrids with only one Jewish grandparent may now freely
intermarry with Germans, while hybrids with two Jewish grand­
parents may intermarry if they are able to obtain the required
permission following a careful and detailed racial examination.
It is clear then that even this law which attempts to prevent
the defilement of the purity of the German blood, does not
entirely prevent the "bastardization" of the German Volk.
Regardless of the severity of theories, practical considera­
tions have apparently caused a compromise on this issue.
Since Jews were to be segregated in social life from the
Germans,
Jew.
it became necessary to be able at once to identify a
Thus, the Third Announcement Concerning the Obligation
196.
to get Identification Cards of July 23, 1938, informed Jews
that they must petition authorities by December 31 of the
same year to obtain identification cards indicating that
they are Jews.
Moreover,
"Jews, whenever having dealings
with the government or any petition to it, must without ques­
tion and of their own initiative indicate their quality of
being Jewish.
If Jews are represented by anyone, that per­
son must immediately indicate that the person represented
15.
is a Jew."
But an even more apparent identification was needed.
Consequently the Second Order for the Execution Concerning
the Changing of Family and First Names of August 17, 1938
permitted Jews to have only such first names (Vornamen) as
the Minister of Interior might indicate.
Jewish men and
women who did not have one of these typically Jewish names
were required to add the middle names Israel and Sara, re­
spectively.
Under the original law, G e m a n s had been for­
bidden to have other than typically Germanic names.
Jews
were, moreover, required to use their names in business as
16.
far as this was customary.
On the next day, August 18,
an ISdict Concerning First Names was issued which among other
things permitted the voiding of first names, if the name in
question was used to hide Jewish descent, and especially if
15.
RGB 1 .
1938, Is 922.
16.
RGB1.
1938, I: 1044.
one of the names mentioned in the supplement had been dis17.
placed by another first name.
In the supplement to this
Edict, the Minister of Interior designated 186 typically Jew­
ish names for men and 9J. names for women.
Typical of the male
names were Abel, Abner, Dan, Ezeohiel, Ismael, Mosohe, Siohem,
and Zadek, and of the female names Abigail, Chana, Feigle,
18.
Hadasse, Jyske, Nachme, Rache, Rebekka, and Zipora.
Worthy of mention in connection with the regulation of
the sooial conduct of the Jews are several minor laws or less
significant provisions of major laws.
Thus the Law for the
Protection of German Blood and German Honor contained a pro­
vision which forbade Jews "to raise the Reich and national
flag or display Reich colors."
But the next paragraph added
that they are permitted to display the Jewish oolors, which
19.
privilege was plaoed under "government protection."
The Regulation concerning the Conduct of Jews on the Days
of Rational Solidarity issued on November 28, 1938 deoreed
another type of regulation.
The Regulation declared that
"Jews have no part in the solidarity of the German Yolk."
17.
Hoche 28: 89.
18. The list is as curious for its omissions as its
inclusions.
Such Jewish names (given in German form) as Jakob,
David, Abraham, Peter, Johannus, or Simon are omitted for the
men, and Ruth, Hanna, and Maria for the women. Many of these
were probably omitted because through the centuries they have
been so thoroughly adopted by gentiles as to be considered no
longer typically Jewish.
19.
RGB1.
1935, I: 1146.
Consequently, on the days of national solidarity, which ap­
parently refers to any patriotic or commemorative day,
"Jews
must remain in their residences and are forbidden to walk on
streets or squares."
Violations were to be punished with not
less than one month imprisonment or a fine from 150 to 15,000
BM.
More serious punishment was to be meted out if someone
was injured or killed during the day, apparently without con­
nection as to whether the Jew was involved.
This law and the
next two mentioned were passed following the anti-Jewish out30.
burst after the assassination of vom Bath.
On November 28, 1938 a Police Order Concerning the Ap­
pearance of Jews in Public was promulgated,
in which the Prime
Minister of Prussia (Begierungspraesident) and similar offi­
cials in other states (Laender) and areas were authorized to
issue orders prohibiting Jews from entering certain areas or
from being seen in public at certain hours.
As most other
anti-Jewish legislation, this applied only to national and
21 .
stateless Jews.
On November 11, 1938 an Order Against the Possession of
Weapons by Jews was issued in whioh Jews were fcr bidden to ob­
tain, possess or carry any kinds or weapons or munitions.
Weapons or munitions found in the possession of Jews were
subject to confiscation, and the Jews were liable to imprison20. Beiohsanzeiger. Number 278, as quoted in Hoche
29S 312-313.
21.
HGgl.
1938, I: 1676.
23.
ment or fine, or in severe oases to penal servitude.
The oonviotion of the Nazis that the residences cf Jews
should he restricted, segregated and controlled by some govern­
ment planning agency finally found legislative realization in
the Order for the Rebuilding of Berlin, the Reioh Capital, and
of Munich,
1939,
the Capital of the Movement, enacted on February 8 ,
This order, which apparently applied only to the above
named two cities required that rooms which had become free
from the rental relationships between a non-Jewish landlord
and a Jewish tenant must be reported to the local planning
authorities, and their permission was required before the
rooms might be re-rented.
This meant that if a lease expired
or a tenant vacated rooms the rooms could not be re-rented
without such permission.
Exception to this was to be made in
case a Jewish business enterprise were undergoing the prooess
of de-Judaization.
A change of the use to which property was
put also required such permission.
The order further provided
that this community authority might issue permission for rerenting to general groups of persons or to general areas.
This
would make possible either piece meal or comprehensive planning
and zoning programs.
The extensive powers of regulation over
Jewish tenantry possessed by the community authority is quite
apparent from the law.
22.
RGB1. 1938, I; 1573.
23.
HGB1.
1939, Is 159.
That this law did not go nearly far enough to satisfy
the Nazis is indicated by the enactment of a new law which
largely superceded most of its provisions and was far more
drastic and comprehensive in character*
The Law Concerning
Rental Relationships with Jews of April 30, 1939 applied to
24 •
cities all over Germany.
It was frankly enaoted for the
purpose of segregating Jews from living in the same quarters
or areas with non-Jews, thus preventing the Jews and non-Jews
from having a house-fellowship
(Hausgemeinsohaft) .
Although
the purpose was to bring about a wholesale removal of Jews
from non-Jewish areas, this was done in piece meal fashion
25.
to avoid unnecessary confusion.
This law provides that a non-Jewish landlord might evict
a Jewish tenant after duo notification, despite leasing or
other contractual agreements previously entered into, if the
landlord can establish that the Jew can obtain housing else­
where.
Such proof is to be in the form of a certificate from
the community authority that housing facilities exist else­
where*
The purpose of this is to get Jews to either move out
of certain districts or to move into small residences, for it
was widely charged that they occupied more than the necessary
amount of living quarters*
24.
RGB1.
But the Jewish tenant might re-
1939, Is 864.
25. The purpose and explanation of the law is given in
the Official Explanation Concerning the Law Concerning Rental
Relationships with Jews which appeared in the Re i qhsanzei.ger,
Number 102, quoted in Hoohe 32: 243.
201.
oeive an extension of time before moving, if he oan produce a
certificate from the community authority showing that hindrances
stand in the way of his obtaining housing elsewhere or if his
immediate moving would seriously damage the health of one of
those affected.
Moreover, Jews might rent rooms only with the
permission of the community authority.
On the other hand, a non-Jewish tenant might also at any
time serve notice upon his Jewish landlord that he intends to
break a rental or leasing contract*
But all such notifications
require the permission of the community authority, giving it
wide powers in dealing with the Jewish housing problem.
On
the other hand, Jewish landlords do not possess the power to
serve notioe for premature eviction either to Jews or non-Jews.
In fact, Jewish possessors of rooms may be forced by the
community authority to rent them to other Jews, and Jewish oocupants of rooms may be foroed to sub-let a portion of their space
to Jews, thus providing room for the Jews who have to move from
other rooms or areas.
If no agreement as to price or other
contractual arrangements oan be reached, then the community
authority can arrange the details of the contract, including
the price.
A fee is charged for this service.
In this respect,
the community authority has almost unlimited coercive power
over both Jewish landlords and Jewish tenants*
But because
of the intimate relationship between people living within the
same set of rooms, Jews are under no circumstances allowed to
sub-let rooms to non-Jews.
In case of mixed marriages of either landlord or tenant,
the restrictions of the act do not apply (a) if the woman is
a Jewess and the man a German or (b) if there are non Jewish
children present,
even though the marriage no longer exists.
The regulations do apply if the man is a Jew and there are no
children.
If in individual oases special injustices should
arise from these last regulations,
then the community author­
ity might take this into consideration when deciding whether
a certificate of notification should be granted.
The provision that the community authority may issue gen­
eral regulations concerning rooms which are rented to Jews and
which may be designated for Jews indicates that a general plan
might be adopted.
This power placed in the hands of the com­
munity authority created the possibility for this agency to
plan the development of the community.
A Law published on November 19, 1958, following in the
wake of the anti-Jewish outburst of that month, made the Jew­
ish Voluntary Welfare Service responsible for all oases of
indigence and need among the Jewish people of Germany.
The
law specifically denied the Jews the liberal provisions of
the social insurance and social service program established
in Germany, unless the Jew had been severely injured during
the World War.
But it was indicated that if the Jewish Vol­
untary Welfare Service were unable to cope with the situation,
then the Public Welfare would assist in caring for the needy
Jews, but in any case, the necessity of the individual would
203.
26.
be severely investigated.
Jews were to be guaranteed "shelter, nourishment, cloth­
ing, sick aid, assistance for the incapacitated as well as
midwife assistance for pregnant women and confinement oases
and, as far as advisable, medical treatment."
Additional aid
might well be given if this would promote the emigration of
Jews, or if it were in the interests of the general public
welfare.
Over a period of time since the ascension to power of the
National Socialist regime, practically all of the institutions
in Germany have undergone the process of Gleichschaltung (co­
ordination).
At last, even the Jewish religious organizations
were apparently to undergo this process, as indicated in the
Law Concerning the Legal Status of Jewish Religious Organiza27.
tions of March 28, 1938.
Providing that the Jewish religious societies and their
associations were to lose their position as corporations of
the public law, the law speoified that these bodies should in
the future be competent under civil law, and that their of­
ficers should lose the status of officials to assume their
new similar positions under civil law.
Moreover, government
permission from the higher administrative authority is re­
quired for all resolutions of the societies affecting any
26.
RGB1.
1938, Is 1649.
S7.
B GB1.
1938, Is 358.
organic change in the organizational set up or in the aliena­
tion of fundamental change of objects which have historical,
scientific or artistic value, especially of archives.
The
higher administrative authority might even raise objections
against the appointment of certain members to the governing
units of these organizations.
The First Order for the Execution of the Law of January
30, 1939 added little in the way of significant details ex­
cept that these societies must immediately notify the govern­
ment concerning any change, admittance or withdrawl, of mem­
bership.
It indicated that a person was still a member of
the Jewish religious community if he had withdrawn from a
Jewish synagogue, but had not withdrawn from the Jewish re­
ligious community or fellowship.
It added, "Only such per­
sons are considered members of the Jewish religious commun28.
ity as belong to a Jewish society."
The organization of the Reich Society of Jews, to which
every national and stateless Jew in Germany automatically be­
longs, was announced in the Tenth Order Under the Reich Citizen­
ship Law of July 4, 1939.
With headquarters in Berlin, this
sooiety was organized to serve the local branches of the var­
ious Jewish religious societies, thus making an extensive
governmental control possible.
"The Reioh Society has the
purpose of promoting Jewish emigration," the order stated
28.
RGB1.
1939, I: 153.
quite frankly, but the Society is also responsible for the
support of the Jewish school system and of the Voluntary Jew­
ish Welfare Service.
Other tasks might be added from time to
29.
time.
Although membership is compulsory for all German or state­
less Jews, Jews of foreign nationality and Jews living in
mixed marriages are free to join.
In cases of mixed marriages,
the Jewish individual is a member only (a) if the man is a
Jew and there is no offspring and (b) if there is offspring
which, according to law, would be considered Jewish.
^5le Neioh Society of Jews is obligated to care for the
schooling of all Jews and had to erect and maintain the neces­
sary number of elementary, secondary schools, colleges and
universities, as well as professional and technical schools,
"and other schools and courses of study which are conducive
to the emigration of Jews."
The Society is also loaded with
the responsibility for the maintenance of training for its
sehool teachers.
All property which had been used for the
management of Jewish sohools were to be ceded to the Reich
Society in return for appropriate compensation, whioh, in
cases of dispute, would be settled by the School Supervisory
Authority.
Teachers who formerly taught in Jewish sohools
are required to accept positions offered them in the new
schools of the Society, although they lose their former
position as officials.
29.
RGB1.
1939, I: 1097.
Speciftoally it was provided that "Jews may attend only
those schools maintained by the Heich Society.
They are ob­
ligated to attend these sohools in accordance with the general
regulations concerning school attendance."
Although the
sohools were to be considered as private schools, the Jewish
school system was to be subject to the supervision and con­
trol of the Heich Minister of Science and Education.
Now that the Jewish Voluntary Welfare Service was to be
placed under its care, the Heich Society is to see that neoesitous Jews were properly oared for, so that the Public Welfare
need not intervene.
Jews needing institutional oare are to be
provided for by the Reich Society in institutions exclusively
for Jews.
The entire work of the Heich Society
of Jews is subject
to the supervision of the Minister of Interior.
To insure the
unification of all Jewish organizations, the Minister of Interiot might either order their dissolution or integration within
the Reich Society.
In case of dissolution, all assets and
liabilities of such organizations would fall to the Reich So­
ciety.
In a similar way, in case of integration, the Reich
Society would be responsible for all the liabilities and fall
heir to all the assets of these integrate groups.
CONCLUSIONS
1.
The avowed intent of the Law of Entailed Estates is
to establish a group of German blooded farmers who, because
of their freedom from tainted blood and their wholesome con-
tact with German soil constitute a solidly Germanic element
from which will eventually come a superior race.
2.
Restrictive social legislation against the Jews really
did not begin until after the passage of the Nuremberg Law in
the fall of 1935 and the most stringent measures did not come
until after the assassination of Erich vom Rath.
3.
The intent of the Law for the Protection of German
Blood was to prevent the inter-marriage of Jews and non-Jews
and probably eventually to bring about the disappearance of
the Jewish hybrid elements.
4.
Although the Law for the Protection of German Blood
was supposed to prevent the "bastardization" of the German
people through the injection of Jewish blood, Jewish hybrids
with two fully Jewish grandparents were under some circumstances
to be permitted to marry pure blooded Germans, and hybrids with
only one Jewish grandparent were allowed to marry only pure
blooded Germans.
5.
Jewish segregation and ostracism required immediate
ability to identify Jews which was accomplished through the use
of distinctive identification cards and through the compulsory
use of distinctively Jewish names.
6.
Irksome and humiliating legislation to indicate that
Jews constitute a foreign element in the Third Reich was en­
acted.
7#
Jewish rental restrictions were aimed at the general
segregation of Jewish residence from the non-Jews.
But in
order to avoid confusion, this was to be accomplished piece
meal.
8.
The Jews have been denied all participation in the
German public educational system and have been required to
establish exclusively Jewish schools under the Reich Society
of Jews.
9*
The Jews have been progressively and almost completely
denied any share in the German Public Welfare and have been re­
quired to oare for their own needy and indigent.
10.
The Reich Society of Jews, which automatically in­
cludes all German and stateless Jews as members, was primarily
organized to foster the emigration of Jews.
Frequent indica­
tion is given in German legislation of the desire of the govern­
ment to rid Germany of its Jewish elements, especially through
emigration.
209
CHAPTER 12
GENERAL CONCLUSIONS
In the introduction to this dissertation, we set forth
several hypotheses in question form which we expected to test
in the light of the evidence presented.
Let us now re-examine
these hypotheses.
Our first hypothesis was; Does National Socialist ide­
ology profess to oppose the Jews primarily for racial, or for
religious and sociological reasons?
The answer is yes.
Al­
though the Nazis admit that the Jews are not a pure race, they
consider the Jews a closely knit nation with almost homogenious
racial characteristics, this homogeneity having resulted from
centuries of endogamy.
Nations and racial groups inherit their
psychological characteristics, and even their religious attitudes,
through the blood.
The actions and the religious tendencies
of the Jews can, consequently, not be changed, as long as they
retain their Jewish blood.
The real objection is not to the Jew*s
actions or his religion as such, which are merely symptomatic of
his inherent degeneracy, but to his inborn and unchangeable de­
generate nature.
The concept of the Volkstaat, Implying racial exclusive­
ness, demands the exclusion of the Jews, who are considered
as alien to the G-erman Volk.
Since the Jews are foreign in
their blood, any inter-mixture with them would tend to degenerate
the G-erman people,
to confuse the Germans in their Hherd
210
Instincts," in their feelings and attitudes.
It would tend to
set up an antagonism within the soul of the German people.
Let us repeat, this problem has no necessary connection with the
Jewish religion,
for a person may renounce Judaism, but he
cannot divest himself of his blood, of the character of his in­
heritance, or of his chromosomes and genes.
And,
since the
Nordics have been the greatest race, its greatness should not
he jeopardized by the injection of this alien, degenerate,
Oriental blood.
Our second hypothesis was; Has the National Socialist
government consciously sought, as demonstrated in its legislation,
to rid Germany of her Jewish population elements?
is yes.
The answer
The German government consists, of course, of National
Socialist leaders whose philosophy had been outlined in this dis­
sertation.
The National Socialists have expressed themselves
in their philosophy and in their political utterances as desiring
the complete elimination of the Jews from Germany.
The actions
of the government can, therefore, be interpreted only in the
light of their avowed intentions.
Moreover, in several legisla­
tive enactments, the restrictions against the Jews were to be
relaxed, if this would expedite their emigration from Germany.
Clearly, then we must consider these statements when examining
the legislation to determine its intent.
The record shows that the legislation dealing with Jews
has been unfavorable toward them.
They werd; deprived of poli­
tical rights, of the right to hold any position, regardless of
2 11
its character, under any part or level of the government*
They were completely excluded from the professions, they
were almost completely eliminated from the business and com­
mercial life of Germany; they were impoverished by a capital
levy amounting to twenty percent of their holdings; they were
subjected to severe social restrictions, including legislation
to make them feel that they constitute a foreign element, that
they may not intermarry with Germans, that they were barred
from German public schools, that they do not come under the
German public Welfare, and that they must all join one great
exclusively Jewish society.
These restrictions are of such
a severe character that they tend to indicate, especially in
the light of the avowed attitudes of the National Socialist
leaders, that the National Socialist government has consciously
sought, in its legislation, to rid Germany of her Jewish
population elements.
Our third hypothesis was; Has the National Socialist
legislation against the Jews followed a progressively more
stringent pattern.
The answer is yes, on the whole, although
there are certain important exceptions.
This appears to be
true in the matter of political rights and tne civil service.
At first only Eastern Jews were to be de-nationalized under
the laws of 1933.
But later, under the Nuremberg laws, all
Jews were deprived of the right of citizenship.
Under the first
law excluding non-Aryans from the civil ser’Vice, certain excep­
tions were granted, but by 1935 no exceptions were granted.
Even pensions which were originally granted to the Jews were
212
later reduced or denied#
The Jews have been progressively and
completely excluded from medicine,
ciated fields,
dentistry, law and its asso­
education, motion picture production, and from
all other divisions under the Reich Chamber of Culture.
Ex­
ceptions are permitted only in that Jews may practice some of
these professions upon other Jews.
The restrictions against the Jews prior to the enactment
of the Nuremburg Laws were largely of an extra-legal character.
Since then, the Jews have been progressively and finally com­
pletely eliminated from managing or owning business enterprises.
In 1938 all Jewish property could be required to be liquidated
and valuable papers and valuable objects were required to be
placed on deposit with an agency appointed by the government.
The twenty percent capital levy, put in the form of a fine
against the Jews, was levied in 1938.
Very little anti-Jewish legislation of a social character
was enacted before the passage of the Nuremberg Laws, under which
the marriage restrictions were ordered.
The requirements for
carrying of special identification cards and of having Jewish
names were not enacted until 1938.
In 1933 the Jews were restricted
in the number permitted to attend educational institutions,
but by 1939 they were entirely prohibited from attending German
schools, and were required instead to attend exclusively Jewish
schools.
Other social legislation has also become progressively
more stringent.
213
There is, however,
one aspect in which the legislation
has not become progressively more stringent, namely, in the
restrictions placed upon Jewish hybrid.
Originally a person
with even only one Jewish grandparent was classified as a nonAryan and subject to most of the disabilities of the non-Aryans.
But with the enactment of the Nuremberg Laws, under which de­
finitions of Jew and Jewish hybrid were formualted, persons
with only one or two grandparents who were Jews were relieved
of practically all of the disabilities applying to the Jews.
But, on the whole, legislation against the Jews grew progressively
more stringent, rather than being relaxed or remaining as it
was.
The final hypothesis was: Has the National Socialist
racial legislation been in harmony with National Socialist
ideology?
Again, the answer is yes, with some important ex­
ceptions.
In defining what constitutes a Jew, the National Socialists
have probably violated as far as in any other feature the spirit
of National Socialist racial philosophy.
It will be recalled
that the racialists declared that a person remained Jewish
even though he has but a small portion of Jewish blood and
that any inter-mixing of Jewish with German blood is bastardizing.
Consequently,
it would be expected that the National Socialists
would classify anyone as a Jew who has even a small amount of
Jewish blood.
And this was originally done in the definition
of what constitutes a non-Aryan.
But later in 1935, a person
214
with as high as 50 per cent Jewish blood was classified as a
Jewish hybrid, and was not restricted except in his marriage
and in several other unimportant respects.
Moreover, it is
possible for a person with two fully Jewish grandparents to
marry a pure blooded German with the consent of the government,
and a person with only one Jewish grandparent may marry only
a pure blooded German.
This, according to the National
Socialist racial philosophy, is bastardizing the German people.
In this respect the Nazis have apparently decided to compromise
with the strict interpretation of their own philosophy.
But In most respects,
the law tends to conform to the
spirit of the racialist doctrine.
The definition of what con­
stitutes a Jew conforms, on the whole, to the racialist
doctrine, Insofar as it classifies a person as a Jew, even
though he may have been baptized.
Even the provision that
membership in the Jewish synagogue constitutes evidence of
a person's being a Jew does not violate the Nazi doctrine,
which holds that a person can become defiled with the Jewish
spirit.
In line with the ideas of the purity of the race,
marriages.Vand extra-marital sexual intercourse between Jews
(having over one-half Jewish blood) and non-Jews has been
strictly prohibited.
The laws requiring Jews to identify tnemselves as Jews
through distinctive identification cards and the use of ex­
clusively Jewish names, requiring the Jewish residences to
be segregated eventually from the non-Jewish residence, re­
quiring Jews to be registered in one large Jewish society,
215
requiring Jews to be educated in exclusively Jewish schools,
and requiring jews to care for their own needy through their
voluntary Jewish welfare agencies all seem to be in agreement
with the Nazi racialist doctrines*
One of the fundamental ideas of the National Socialists
racial doctrine is that the Jews are planning to gain positions
of prominence and influence, which positions they will use to
bring on a cataclysmic conflict among the German people, and
that the Jews will use this opportunity to seize open control
of the government*
The Nazis have, therefore, demanded that
the Jews must be thwarted in this attempt.
In harmony with
this demand, the Jews have been denied their political rights
and have been completely excluded from public offices, from
the civil service or from any kind of employment with the
government.
The Jews have been excluded from the professions,
from business and labor organizations, and their economic
power has been broken.
BIBLIOGRAPHY
GERMAN GOVERNMENT PUBLICATIONS
Germany.
Laws, statutes, etc.
Die Gesetzbegung Adolf Hitlers:
j3A® Uasetze nebst Durohfuehrungsverordnungsvorsohriften
la
Preussen seit dem 30.
Januar. 1935. . . .
in systematisoher Ordnung mit Sach verzeichniss,
Herausgegeben von Dr. Werner Hoche.
(Berlin:
P. Vahlen,
1935 - ), v. 1 - •
Complete compilations of laws, orders, and legal announce­
ments of the laws since Hitler*s advent to power, January 30,
1933. The compiler, Dr. Werner Hoche, is chairman of the Min­
isterial Council of the Ministry of Interior, and a lawyer of
some repute.
The title varies. Volumes 1-17 are captioned Die
Gesetzgebung des Kabinetts Hitler: the rest of the volumes cap­
tioned as given, although the sub-title varies slightly.
In­
dices for the preceding volumes are contained in volumes 17, 30
and 33. The laws and orders are classified according to sub­
jects, making it easier to use than the Reiohsgesetzblatt.
Germany.
Laws, statutes, etc.
Reiohsgesetzblatt, herausgeg­
eben vom Reichsministerium des Innern (Berlin:
verlagsamt, 1871 -
) , v. 1 ^
Reichs-
•
This is the official publication of the laws of the German
Reich since its establishment.
It appears irregularly, usually
only a few days apart. The Laws are listed in chronological
order.
It is divided into two parts, Part I dealing chiefly
with public law, and Part II with international agreements and
purely administrative procedures.
SOURCE BOOKS ON NAZI PHILOSOPHY,
RACIAL DOCTRINE AND LAW
Baur, Erwin, Pischer, Eugen, and Lenz, Pritz, Human Heredity,
translated by Eden and Cedar Paul
millan Company, 1931), 734 p.
(New York:
The Mac­
A textbook by three outstanding German scientists who
accept, on the whole, the racial doctrine.
The book is
written objectively and contains a wealth of material, and
their racialism is much more conservative than that preached
by the National Socialist political leaders.
Chamberlain, Houston Stewart, Foundations of the Nineteenth
Century, translated from the German by John Lees (New
York:
John Lane Company, 1912) , 2v.
This book is really the foundation of modern German
racialism.
It had an extremely wide circulation in Germany
before the World War, and was officially sponsored by the
Kaiser.
It had a marked effect upon Hitler, as indicated in
Mein K a m n f . and upon most of the Nazis, who have read and re­
read it. Several of the Nazis have characterized it as one
of the most important books appearing in the century before
the World War.
It is thoroughly racialistic in its approach.
Clauss, Ludwig Ferdinand, Rasse hnd Seele (Munich:
J. F.
Lehmanns, 1926), 182 p.
This is a book on racial psychology, written by one of
the most radical of the racialists.
.. Von Seele und Antlitz der Has sen und Vo elker
(Munich:
for
the
J. F. Lehmanns, 1929), 99 p.
A book to be used in connection with the preceding one,
this consists largely of facial studies,together with
psychological traits which they portray.
Darre, R. Walther, Das Bauertum als Lebensquell der Nordischen
Rasse (Munich:
J. F.
Lehmanns, 1933), 475 p.
Darre, the Minister of Agriculture, is the chief pro­
ponent of the theory of *rblood and soil,rt which is the theme
of this and the following book. He asserts that the Nordics
were essentially a farming race, and not nomadic, as some of
the other racialists assert.
In this book, he discusses the
vitalizing influence of the land upon the Nordic population.
--------- — » H<|u#del ans Blut und Boden (Munich:
J. F. Lehmanns,
1936), 248 p.
The same author proposes to supplant the present decadent
nobility by a new nobility to be recruited from the farming
population.
Dietrich, Otto, A Revolution in Thought
(Berlin:
Terramare
Office, 1939), 30 p.
The head of the German Press Bureau discusses the funda­
mental character of the Nazi revolution, and especially its
implications to human liberty, which he interprets along
Kantian lines.
Feder, Gottfried, Das Programm des NSDAP und Seine Weltansohauliohen Grundyedanken (Munich:
F # Eher, 1934), 60 p.
This Program, adopted in February 25, 1920, has^ to­
gether with the commentaries of Gottfried Feden, been de­
clared the official and unchangeable program of the party.
Fischer, Eugen, Rasse und Hassenenstehung beim Menschen
(Berlin:
Ullstein, 1927), 137 p.
Professor Fischer of the University of Berlin is a
distinguished eugenist, and one of the more conservative
of the racialists.
Goebbels, Joseph, Revolution der Deutsohen, 14 Jahre Nationalsozialismus: Goebbelsreden (Oldenburg i. 0.:
Gerhard
Stalling, 1933) , 229 p.
This book contains thirteen speeohes and a few miscellan­
eous quotations from Dr. Goebbels, who is now the head of the
German Ministry of Propaganda.
Gobineau, Joseph Arthur, Comte de, Inequality of Human Races,
translated by Adrian Collins
(New York:
G. P. Putnam’s
Sons, 1915), 217 p.
This hook was published originally in France in four
volumes between 1853-55 by the French diplomatist, literary
figure and amateur anthropologist, Comte Gobineau* It re­
ceived little attention in France or elsewhere until it was
popularized through the efforts of Richard Wagner who began
'fck© Gobineau Verein. The book has never been as popular in
France as in Germany, in which country it was widely read.
It was Gobineau*s book which really instigated the modern
German racialist school of thought. Although Chamberlain
differed from Gobineau in many respects, he really owed his
inspiration in writing the Foundations to Gobineau.
Only
volume 1, which contains the most important part of his
theory, has been translated into English.
Grant, Madison, The Passing of the Great Race:
Basis of European History (New York:
or the Racial
0. Scribner’s
Sons, 1916), 245 p*
Written by a distinguished American anthropologist, this
book is frequently cited by German racialists, as Grant ac­
cepted the theory of Nordic superiority.
Guenther, Hans F. K . , Adel und Rasse (Munich:
J. F. Lehmanns,
1926), 104 p.
Dr. Guenther is a Professor of anthropology at the Uni­
versity of Jena to which he was appointed in 1930 by Frick,
the first Nazi Minister in Germany. Guenther accepts the
entire racialist theory, although he is more dignified and
conservative in approach than most of the racialist politi­
cians. He has written a great number of books, a few of
which are listed here. His works are extremely popular, in
spite of his erudite scholarship and large number of footnotes.
# Per Nordische Gedanke under den Deutsohen (Munich:
J. F. Lehmanns, 1925).
____ 9 Die Nordische Rasse bei den Indogermanen Asiens
(Munich:
J. F. Lehmanns, 1934), 247 p.
* ^^e
Q ial Elements of European History, trans­
lated from the 2d German edition by G. c. Wheeler
(London:
Methuen and Company, 1927), 279 p.
----- , Hassenkunde des Deutsohen Volkes (Munich:
J. F.
Lehmanns, 1928), 496 p.
Rassenkunde des Juedisohen Volkes
(Munich:
J. F.
Lehmanns, 1930), 352 p.
Hitler, Adolf, Adolf Hitlers Reden (Munich:
Deutscher Verlag,
1933), 127 p.
A group of seventeen speeches delivered by Hitler during
the early years of his political activity, chiefly between
1922-24.
_________Mein Kampf (Munich:
Franz Eher Nachfolger, 1933),
782 p.
Frequently referred to as the Bible of National Socialism,
this book is the best selling book in Germany. Herein Hitler
tells of his struggle through life, and of his political am­
bitions for Germany and of the techniques to be employed.
With rare frankness, his plans are revealed. The book was
written during his imprisonment, following the unsuccessful
Munich Bierhalle Putsch.
■
Mein Kampf (New York:
Reynal & Hitchcock, 1939) ,
994 p.
The Reynal and Hitchcock publication of this work was
issued by a board of editorial sponsors including John
Chamberlain, Sidney B. Fay, John Gunther, Carlton J. H. Hayes,
William L. Langer, Walter Mlllis and others.
The translation
was done under the direction of Alvin Johnson, apparently by
members of the New School for Sooial Research.
On the whole,
the translation is accurate, although minor mistakes are to
be detected.
H u b e r , Engelbert, Das 1st Nationalsozialismus (Stuttgart,
Berlin, Deutsche Verlagsgesellschaft., no date), 178 p.
A popular discussion of the principles of National
Senial ism*
Jung, Edgar J • , Die Herrschaft der Minderwertigen:
Xhr
Zerfall und Abloesung duroh ein neues Heich (2d ed.;
Berlin, Deutsche Hundsohau, 1930), 692 p.
An erudite volume of one of the outstanding and most
radical of the German racialists* He sees the firm adoption
of racial policies as the only hope for the future of mankind.
Koellreutter, Otto, Der deutsche Fuehrerstaat
(Tubingen:
J.C.B, Mohr, 1934), 29 p.
A German legal theorist discusses the effect of Nazi
doctrines of the Fuehrer Prinzip upon the organization of
the state, and especially in relationship to the legal pro
fession.
Kolnai, Aurel, The War Against the West
(New York:
The Vikiig
Press, 1938), 714 p.
Written by a Catholic Hungarian Jewish scholar, this
boofc is the largest compendium of Nazi opinions in the English
language.
The author shows a remarkable familiarity with books
on National Socialist philosophy, and cites well over two hun­
dred volumes in his bibliography, many of the works being by
the less well known writers.
Unfortunately, it lacks in ob­
jectivity, and the author constantly interjects his own venemous criticisms so that it becomes extremely oonfusing. The
organization is poor, and the style extremely difficult, One
is also never certain in how far one can trust Kolnai*s para­
phrasing
League of Nations.
High Commission for Refugees
(Jewish and
Other) Coming from Germany, Lettre de demission de James
G. McDonald, haut commissaire pour les refugies
(Israelites
et autre) provenant d ’Allemagne. , # . (Geneva, 1936),
36 p. League 1936 XII. B 2.
The letter of resignation of Mr. McDonald, an American,
from his position as High Commissioner for Refugees Coming
from Germany.
It is frequently quoted in treatises dealing
with the German refugee problem, because of its terse, effect­
ive', summary of the entire situation at that time. Far more
important than the letter itself, is an annex which contains
a careful thoroughly annotated analysis of the measures taken
by Germany against non-Aryans. His brief analysis is clas­
sified aooording to legislation, administrative action, and
judicial decisions.
Moeller van den Bruch, Germany’s Third Empire. Authorized
English Edition (condensed) by E. 0. Lorimer.
(London:
• • •
George Allen & Unwin Ltd., 1934), 268 p.
Written by one of the outstanding German nationalistconservat ives•
Nicolai, Helmut,, Grundlaaen der kommenden Verf as sung:
Ueber
den staatsrechtlichen Aufbau des Britten Reohtes (Berlin:
Reimar Hobbing, 1933), 94 p.
Written by one of the high ranking Nazi party lawyers,
who became the Ministerial director of the Ministry of Inter­
ior and he has been engaged in the reorganization of the
National Socialist constitution of Germany.
, Per Neuaufbau des Reiches nach dem Reichsreformgesetz vom 3 0 .
Januar 1934 (Berlin:
Carl Heymanns,
1934), 79 p.
Jtosenberg,.,Alfred, Der My thus des 20. Jahrhunderts (Munich:
Hoheneichenverlag, 1934), 712 p.
One of the most authoritative of Nazi philosophers.
This book is the second best seller in Nazi Germany, being
exceeded only by Mein Kampf. Born in the Baltic area,
has been an especially ardent racialist and an opponent of
Russian communism.
> Sie Protokolle der Wei sen yon Zion imd die
sehe Weltpolit ik (Munich:
Deutcher Volksverlag,
1933), 143 p.
* Des Wesensgefuege des Nat ionalsozialismus
(Munioh;
Frz. Eher, 1934), 80 p.
Stoddard, Lothrop, The Revolt Against Civilization;
Menaoe of the Under Man (New York:
The
C. Scribner’s Sons,
1922), 274 p.
Another American racialist whose works are frequently
quoted by the German racialists.
This book is a popular
statement of the racialist doctrine.
Wiebe, F. K#, Germany and the Jewish Problem (Berlin:
Institute for the Study of the Jewish Problem, no date),
86 p.
A popular statement of the case against the Jew, written
apparently for propaganda purposes abroad*
TREATISES AND OTHER BOOKS
Barzun, Jacques, R ace:
(New York:
A Study in Modern Superstition
Harcourt, Brace and Company, 1937), 353 p*
A book in semi-popular style by an Amerioan scholar who
made a study of the racial theories of various national
groups, and concludes that there are no clearly definable
races*
Dell, Robert, Germany Unmasked (London:
Martin Hopkinson,
1934), 271 p.
A vitriolic attack upon Nazi Germany.
334.
Dover, Cedric, H alf-Caste (London:
M. Seoker and Warburg Ltd.,
1937), 334 p.
A popular discussion of racial prejudices*
Flournoy, Richard W. and Hudson, Manley, Editors, A Collection
& £ N ationality Laws of Various Countries as Contained in
Constitutions* Statutes and Treaties (New York:
Oxford
University Press, 1929).
A complete and authoritative compilation of nationality
statutes by two distinguished American international lawyers*
Frank, Hans, Compiler, Nation^alsozialiatisohes Handbuch fuer
Reoht und Gftafttg^ahnnp; (2d e d * ; Munich:
Zentralverlag
der NSDAP., 1935), 1600 p.
This monumental work on German law is issued by the
Minister of Justice, and he was assisted by 98 collaborators,
consisting of well known German lawyers, judges, professors
and leaders in various phases of National Socialist life*
The lawyers include such men as Carl Schmitt, professor at
the University of Berlin, and Werner Hoche, the editor of
Die Gesetzgebung Adolf Hitlers* The work is divided into
thfee parts:
Part I includes the fundamental ideas concern­
ing the law and the state, Part II has the general discussion
of philosophy underlying the various laws, and Part III dis­
cusses the organs of National Socialist Law Reform*
Garner, James Wilford, Political Science and Government (New
York:
American Book Company, 1932) .
A discussion of the principles of political science by
a distinguished American scholar.
Hankins, Frank, The Racial Basis 0Bf Civilizat ton: A C_ritique
of the Nordic Doctrine (New York and London:
1931), 339 p.
A. A. Knopf,
A carefully, objectively, written discussion and critique
of the various Nordic racialists by an American anthropologist.
Heiden, Konrad, A Hist or v of Nat ional Soo ialism (Translated
from the German, London:
Methuen and Company, Ltd., 1934),
370 p.
A well done study of National Socialism*
Hertz, Friedrich Otto, Race and Civilization (New York:
Mac­
millan Company, 1923), 323 p*
This book, which traces the evolution of the racial myth
in Germany, is by the leading German anti-racialist anthropo­
logist. He has written several other works in criticism of the
racial theories.
Huxley, Julian S., and Haddon, A.
of ^Racial* Problems
C., We Kurooeans:
(New York and London:
A Survey
Harper and
Brothers Publishers, 1936), 246 p*
Written by two British scientists who oppose the German
racialist theories*
Janowsky, Oscar Isaiah, International Aspects of German Rac_ial
Policies (New York:
Oxford University Press, 1937), 266 p.
A scholarly discussion of the international effects of
the German racial policies, but ohiefly of value in this
study in that it contains the Letter of Resignation of James
G. McDonald, as High Commissioner for Political Refugees
(Jewish and other) Coming from Germany
The Jews in Nazi Germany:
A Handbook of Facts Regarding
their Present Situation (New York:
The American Jew­
ish Committee, 1935), 177 p.
This book contains the translations of most of the
laws of Nazi Germany during its first year.
Lichtenberger, Henri, The, Third Reich, translated from the
French and edited by Koppel S. Pinsom (New York:
The
Greystone Press, 1937), 312 p*
One of the best descriptions of the National Socialist
government from a structural point of view.
Quite objective
in approach.
Loewenstein, Karl, Hitler*3 Germany• The Nazi Back-pyonnd to
War
(New York:
The Macmillan Company, 1939) , 176 p.
A remarkably objective brief study of Germany and the
National Socialist doctrines by a German Jewish refugee
scholar teaching at Amherst.
It is perhaps the best book
of its size yet published, and yet in a readable style.
Marous, Jacob R . , The Rise and Des tiny of the German Jew
(Cincinnati:
Union of American Hebrew Congregations,
1934), 417 p.
Discusses the history of anti-Semitism in Germany and
the contributions of the Jews to German life.
Radin, Paul, The Racial Myth (New York:
Whittlesey House,
McGraw-Hill Book Company, Inc., 1934), 141 p.
Popular discussion of the racialist theories of various
racial groups.
Scandrett, Jay J. M . , The Nazi Disease (Boston:
The Christopher
Publishing House, 19 39), 141 p.
A discussion of the National Socialist philosophy which
Is definitely prejudiced in its treatment* Written for
popular consumption.
Contains a good bibliography.
Seligmann, Herbert J . , Race Against Man
Putnam's Sons, 1939), 248 p.
(New York:
G. P.
A popularly written book criticizing the racial doctrine,
sometimes unfairly and occasionally misquoting.
Sorel, Georges, M f l e c t i o n s on Violence, translated by T. E.
Hume
(London:
Allen and Unwin, 1916).
A book in whioh the author discusses the meaning of the
term myth.
Tacitus, Hist.orjpal Works:
The History of Germania and
AgElpola, translated by Arthur Murphy (New York:
E. P.
Dutton and Company, no date), 2 v.
The first historian to write about the Germanic people.
NEWSPAPERS AND PERIODICALS
Deutsches Reoht:
Zentralorgan des Nationalsozialistisohen
Rechtswahrersbundes
(Berlin, Deutsoher Reohtsverlag,
1931 -
.
), v. 1 -
This is a publication of the National Socialist Lawyer’s
Association, and is edited by its founder Hans Prank, who
later became Minister of Justice. It discusses in articles
various phases of National Socialist law, and gives brief
discussions of the more important judicial decisions.
It has
been a monthly publication since June 15, 1935.
Juristische Wochensohrift. . . . Organ des Deutschen Anwaltvereins (Berlin:
W. Moesser, to date)•
This is an organ of the German Lawyer’s Society, ap­
pearing weekly, and disous sing the judicial decisions in
more detail than the Deut sches Recht. It was formerly
edited by a non-Aryan, Justizrat Magnus, but he was removed
and it was announced that it would be against their policy
to even review books written by non-Aryans.
The Times
(New York:
The Times Publishing Company, 1651 - ).
This is one of the most reliable newspapers in the United
States, carrying detailed stories, written by qualified
special correspondents, and especially in their foreign
coverage.
The editor is Dr. Charles Merz, and the publisher,
A. H. Suzberger.
ARTICLES
Feist H * , "Development of German Law on Nationality, " Law
Times 186
(1938), 122-123, 142-143.
Feller, A. H . , "Tendencies in Recent German Administrative
Law Writing," Iowa Law Review 18 (1933), 144-149.
Garner, J. W . , "Recent German Nationality Legislation,"
(Editorial) , American Journal of International Law 30
(1936), 96-99.
I
Hankins, Prank H., "Houston Stewart Chamberlain," Encyclo­
pedia of the Social Sciences. Ill: 322.
, "Aryans," Encyclopedia of the Social Sciences.
I: 264-265.
Kuehlewein, R. R . , "Recent German Legislation," Tulane Law
Review, 11;(1937), 601-605.
Lepawsky, Albert,
"The Nazis Reform the Reich,"
Politioal Science Review«, 30 (1936) , 324-350.
Loewensteln, Karl,
"Law in the Third Reich," Yale Law
Journal. 45 (1936), 779-815.
229.
"The fnon-Aryanf in German Law," Law Times, 181 (1936) , 152154, 173-174; 184 (1937), 185-187.
Preuss, Lawrence, "Germanic Law versus Homan Law in National
Socialist Legal Theory," Journarl of Conrparat ive Legisla­
tion. 3d series, 16 (1934), 269-280.
-- .
tfHacial Theory and the National Socialist Thought,"
Southwestern Social Science Quarterly. 15 (1934), 103-119.
Salomon, Gottfried,
"Joseph Arthur De Gohineau," Encyclopedia
of the Social Sciences. VI: 683-684.
Sorokin, P. A.,
"Alfred Otto Ammon," Encyclopedia of the So­
cial Sciences, I: 36.
Sohuman, Frederick L . , "Political Theory of German Fascism,"
Amerioan Politioal Science Review 28 (1934), 210-232.
Schmidt-Ke lev enow, Kurt,
"Die Bindung des Bichters an das
Gesetz." Deutsches Heoht. Ausgabe B. Monatsausgabe,
9 (1939), 196-200.
Stowell, S. C., "Intercession Against the Persecution of
Jews," Am.ftTfi.aan Journal of International Law 30 (1936) ,
102-106.
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