PP1010
Analítico de Periódico
HEDERER, Franz
Was einte die "Juristen im Widerstand gegen Hitler“? : Bemerkungen zu einer späten Festschrift / Franz Hederer
Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft, Baden-Baden, a.101 n.2 (2018), p.117-126
NAZISMO, POSITIVISMO JURÍDICO, TEORIA DO DIREITO
Over the past decades, the historical research has contributed in various fields to the reappraisal of the functions of law as well as the role of lawyers and courts during the National Socialist period. This also led to a critical revision of the common thesis according to which the fatal dominance of positivism had practically left the legal profession defenceless against the actions of the National Socialists. Precisely for this reason it appears to be worthwhile to take a closer look at lawyers who were able to withstand the suggestions of the regime. A recently published commemorative publication in the honour of Friedrich Justus Perels, a participant of the resistance of the Confessing Church, approaches this subject from a biographical perspective; however, the argumentation will show that the self-imposed claim to reconstruct a connecting legal understanding among the “lawyers in the resistance against Hitler” should be regarded with skepticism.