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97 What is missing is a critical analysis of terror and violence as the most powerful forces of the exclusion of Jews from the legal profession and from society at large. In the following, we will examine the role of protective custody and the early concentration camps in the persecution of Jewish jurists. The function assigned to the legal system in Germany after 1933 was to support Nazi rule by assisting in the elimination of its opponents. 98 Those judges, state prosecutors, and lawyers from whom resistance was to be expected were persecuted.

The arrest of Fritz Solmitz on March 12, 1933, in Lübeck was staged as a spectacle. The editor of the local SPD paper Lübecker Volksbote was paraded through the Hanseatic town on an open truck. 85 Ludwig Pappenheim, SPD deputy in the provincial parliament of Hesse-Nassau and editor of the Volksstimme, was arrested on March 25, 1933. ”86 Earlier Pappenheim had protested fiercely against his unlawful imprisonment. Laying bare the twisted nature of protective custody, he informed the provincial governor in Kassel: “The arrest warrant against me is maintained on the grounds that I would be in need of protection.

In the campaign for his expulsion from his occupation and residence, camp terror had finally effected what could not have been reached by legal-bureaucratic means. 114 The history of Jewish jurists who fell victim to early protective custody measures concludes with the remarkable case of Ludwig Bendix. Like his colleagues, the fifty-six-year-old lawyer was imprisoned in the summer 40 IN THE BEGINNING THERE WAS VIOLENCE of 1933 to enforce his expulsion from the Berlin bar. 115 Based on the exemption clause of the Law Regarding Admission to the Legal Profession, Bendix, who had practiced as a lawyer since 1907, would have had to be readmitted to the bar.

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Casas Refugio


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