Library Header Image
LSE Research Online LSE Library Services

The impossibility of an exterminatory legality: law and the holocaust

Rundle, Kristen (2009) The impossibility of an exterminatory legality: law and the holocaust. University of Toronto Law Journal, 59 (1). pp. 65-125. ISSN 0042-0220

Full text not available from this repository.
Identification Number: 10.3138/utlj.59.1.65


Discussions of Nazi law in legal philosophy are most commonly concerned with how the Nazis' use of law as a means to persecute their opponents demonstrates the essential amorality of law. Attention is often also paid to the institutional debasements and interpretive excesses that characterized the operation of the Nazi political courts. Within these discussions, however, little or no consideration is given to the specificities of the Jewish experience of Nazi law, nor to the fact that the role of law in determining the nature and quality of Jewish life stopped short of the extermination program. In this article, the author seeks to correct this neglect by exploring the questions for legal philosophy, as well as for scholarship that probes the connections between law and the Holocaust, that arise from an examination of the Jewish experience of Nazi law. Drawing primarily upon the thought of the mid-twentieth-century legal philosopher Lon L. Fuller, the author investigates what the apparent shift from legality to terror within the Nazi persecution of the Jews might reveal not only about the institutional features of that persecutory program but also about the nature of legality more generally.

Item Type: Article
Official URL:
Additional Information: © 2009 University of Toronto Press
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 16 Nov 2009 12:51
Last Modified: 04 Feb 2011 16:48

Actions (login required)

View Item View Item