A Prisoner, Legislator, and Jurist: Joseph Lamm's Legal Legacy in Relation to the Nazis and Nazi Collaborators (Punishment) Law, 1950

IF 0.4 3区历史学 Q1 HISTORY

HOLOCAUST AND GENOCIDE STUDIES Pub Date : 2023-03-23 DOI:10.1093/hgs/dcac059

Yehudit Dori Deston, D. Porat

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Abstract

ABSTRACT:In recent years, a number of studies have explored the unique legal phenomenon of the Israeli court cases that applied the Nazis and Nazi Collaborators (Punishment) Law of 1950. The defendants were Jewish kapos or members of the Jewish police, themselves Holocaust survivors, who were considered to be collaborators with the Nazis. Most of these studies point out how these trials blurred the lines between criminal law and moral judgment, focusing on either the legislators, the defendants, or the court. In contrast, the present article examines the trials through the lens of one individual who was central to shaping and implementing the law: Joseph Lamm. Lamm's contribution stemmed from three different positions: from his experience as a prisoner in the Dachau camp, as a legislator who formulated the 1950 law, and as a judge in two criminal proceedings based on the law (which ended in opposite legal outcomes). The article argues that Lamm's personal experiences shaped his perceptions of the dual function of the law as both practical and declarative. This, in turn, affected his understanding of the law's content (as a legislator) and how it should be interpreted (as a judge).

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囚犯、立法者和法学家:约瑟夫·拉姆与纳粹和纳粹合作者有关的法律遗产(惩罚)法，1950年

摘要:近年来，许多研究探讨了以色列法院适用1950年《纳粹及其通敌者(处罚)法》案件的独特法律现象。被告是犹太警察，他们本身就是大屠杀的幸存者，被认为是纳粹的通敌者。这些研究大多指出，这些审判模糊了刑法和道德判断之间的界限，要么关注立法者，要么关注被告，要么关注法院。相比之下，本文通过一个人的镜头来审视这些审判，他是制定和实施法律的核心人物:约瑟夫·拉姆。拉姆的贡献来自三个不同的职位:他作为达豪集中营的囚犯的经历，作为制定1950年法律的立法者，以及作为两项基于该法律的刑事诉讼的法官(这两项诉讼以相反的法律结果告终)。文章认为，拉姆的个人经历塑造了他对法律的双重功能的看法，即实用性和说明性。这反过来又影响了他(作为立法者)对法律内容的理解，以及(作为法官)应该如何解释法律。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

HOLOCAUST AND GENOCIDE STUDIES HISTORY-

CiteScore

0.40

自引率

33.30%

发文量

期刊介绍： The major forum for scholarship on the Holocaust and other genocides, Holocaust and Genocide Studies is an international journal featuring research articles, interpretive essays, and book reviews in the social sciences and humanities. It is the principal publication to address the issue of how insights into the Holocaust apply to other genocides. Articles compel readers to confront many aspects of human behavior, to contemplate major moral issues, to consider the role of science and technology in human affairs, and to reconsider significant political and social factors.