{"title":"A Prisoner, Legislator, and Jurist: Joseph Lamm's Legal Legacy in Relation to the Nazis and Nazi Collaborators (Punishment) Law, 1950","authors":"Yehudit Dori Deston, D. Porat","doi":"10.1093/hgs/dcac059","DOIUrl":null,"url":null,"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).","PeriodicalId":44172,"journal":{"name":"HOLOCAUST AND GENOCIDE STUDIES","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2023-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"HOLOCAUST AND GENOCIDE STUDIES","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/hgs/dcac059","RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"HISTORY","Score":null,"Total":0}
引用次数: 0
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).
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.