Universität zu Köln

Martin, Michael, Karenberg, Axel and Fangerau, Heiner (2022). Legalized deprivation of rights: on the legal construction of dismissal and expulsion under National Socialism. Nervenarzt, 93 (SUPPL 1). S. 9 - 16. NEW YORK: SPRINGER. ISSN 1433-0407

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Abstract

In order to provide a deeper understanding of the mechanisms and background leading to the persecution and expulsion, particularly of physicians labelled as Jewish in Nazi Germany, this article outlines their gradual disenfranchisement, through laws and decrees in the years 1933-1939. As the publicly visible terror immediately after the Nazi takeover was rejected in large parts of society, the regime resorted early on to supposedly legal forms of exclusion. With the Law for the Restoration of the Professional Civil Service of 7 April 1933, non-Aryan ( 3) and politically unreliable ( 4) persons could be removed from office, if necessary, even without any further comment ( 6). However, regulations for long-standing civil servants as well as the front-line fighter privilege reduced the desired effect, e.g. in university medicine in a way that was not intended by those in power. The Reich Citizenship Law of 1935, as part of the so-called Nuremberg Laws introduced the criterion of German blood. This resulted in a second large wave of dismissals. Outside the universities, a plethora of further defamatory legal norms, from the regulation on the approval of physicians for activities with the health insurances and the Law on Honorary Appointments (both in 1933), the so-called Flag Decree (1937) and withdrawal of the approbation (1938), aimed at the gradual elimination of Jewish physicians, which for many of them ended in extermination in the Holocaust. This practice implemented over years was based on a jurisdiction devised especially for that purpose and in hindsight it has been perfectly defined as legal injustice.

Item Type:	Journal Article
Creators:	Creators Email ORCID ORCID Put Code Martin, Michael UNSPECIFIED UNSPECIFIED UNSPECIFIED Karenberg, Axel UNSPECIFIED UNSPECIFIED UNSPECIFIED Fangerau, Heiner UNSPECIFIED UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-667262
DOI:	10.1007/s00115-022-01308-z
Journal or Publication Title:	Nervenarzt
Volume:	93
Number:	SUPPL 1
Page Range:	S. 9 - 16
Date:	2022
Publisher:	SPRINGER
Place of Publication:	NEW YORK
ISSN:	1433-0407
Language:	German
Faculty:	Unspecified
Divisions:	Unspecified
Subjects:	no entry
Uncontrolled Keywords:	Keywords Language JEWISH Multiple languages Clinical Neurology; Psychiatry Multiple languages
URI:	http://kups.ub.uni-koeln.de/id/eprint/66726