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Koncepcje i instytucje narodowosocjalistycznego prawa według Karola Joncy

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Kanarek A.
Studia nad Faszyzmem i Zbrodniami Hitlerowskimi
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2010
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vol. 32
115-146
EN
Karol Jonca (September 13th 1930 – January 13th 2008), an erudite, professor of legal science, specialized in history of political and legal thought, philosophy of law, history of state and law and also economic history. He was a historian of legal-and-doctrinal concepts and of legal institutions of National Socialism. For many years he was an editor-in-chief of substantively and methodologically valuable journal titled “Studies on Fascism and Hitlerite Crimes”. Karol Jonca’s works which analyze concepts and institutions of National Socialist law include some basic conclusions: legal thought of National Socialism emphatically and definitively rejected democratic-andliberal traditions and institutions; it was founded on leadership principle; the leader was a creator of new racist viewpoint and foundational source of law; NSDAP program was a political directive which determined the Third Reich’s legal system; the morality of National Socialism allowed for the introduction of the principle of lex retro agit and violation of the rule of nulla poena sine lege; anti-individualistic purposes of Nazi civil law implied treatment of racist, national and state principles or demands as legal priorities; anti-democratic and racist Hitlerite doctrine of law of persons eliminated “non-Aryans” from political, social and cultural life; Hitlerite thought in the realm of international law introduced new terms, i.e. “Reich”, “nation”, “space”, which were used to justify the Third Reich’s acts of aggression.
2

Proces norymberski w historyczno-prawnych analizach Franciszka Ryszki. Pojęcie przestępcy i przestępstwa

100%
Kanarek A.
Studia nad Faszyzmem i Zbrodniami Hitlerowskimi
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2011
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vol. 33
455–466
EN
Franciszek Ryszka (August 4th, 1924–March 31th, 1998) — lawyer, historian of the state, law and political-and-legal thought, political philosopher, researcher of the recent history, the Second Polish Republic, the occupation period and the communist times — specialized in the history of Nazi Germany. Analyzing the Nuremberg trials, F. Ryszka paid special attention to the concept of “criminals” and “crime.” Statute of the International Military Tribunal defined the substantive premises for the punishment of the Third Reich’s major war criminals and also the very concept of “criminal.” However, it was the Americans who played the dominant role in the Nuremberg trials. They introduced the concept of a “collective crime,” understood as a participation in the Nazi conspiracy. They enforced the concept, which was ultimately adopted in the indictment, of conspiracy, denoting the organized criminal activity, realizing criminal purpose through belonging to the same organization or group the activities of which exhaust all the defining features of conspiracy crimes, crimes against peace, war crimes and crimes against humanity. The indictment included those found guilty of serious felonies and criminal groups which fulfilled the definition of “criminal organization.” The Court did not, however, recognize the government of the Reich, SA, and OKW as criminal organizations because it was not proven during the trial that just the very fact of being a member of those organizations could be equaled with a conscious participation in criminal organization. According to the Tribunal’s decision, the criminal responsibility for belonging to criminal organizations was limited to the time of war, because no one could have been called to account for belonging to an organization before September 1st, 1939. It should also be pointed out that the most important achievement of the Tribunal was the recognition of the war of aggression as the most serious international crime which subsumes the rest of war crimes.
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