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The Nazi Proscription of German Professors of International Law

Published online by Cambridge University Press:  12 April 2017

James Wilford Garner
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Type
Editorial Comment
Information
American Journal of International Law , Volume 33 , Issue 1 , January 1939 , pp. 112 - 119
Copyright
Copyright © The American Society of International Law 1939

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References

1 See Hartshorne, , The German Universities and National Socialism (Harvard University Press, 1937), p. 93 ffGoogle Scholar.

This number does not include 539 assistants, employees and others, who, strictly speaking, were not members of the faculties. Nor does it include those who “voluntarily” resigned under pressure from the students or the Nazi authorities, or because of social pressure or ostracism. Nor does it include a few who rather than face the humiliation of dismissal committed suicide. Moreover, it does not include those who were dismissed or retired from the faculties of educational institutions other than universities, or from the staffs of scientific academies, institutes and other organizations of the kind.

2 The author desires to state that none of the information: on which this note is based was obtained from any victim of the Nazi “purge,” or from any other person living in Germany or from any national of the Third Reich living outside Germany.

3 Dr. bay’s rank was that of Privatdozent, not professor.

4 In one or two cases there is uncertainty as to whether the professor “resigned” (under pressure, of course) or was formally dismissed or retired, since the government has made no statement regarding the matter, and no information relative to dismissals or retirements is allowed to be published in Germany. In view of the situation which now exists in the Third Reich, the victims themselves will not supply such information, at least not so long as they continue to reside in Germany.

5 His status appears not to have been as yet definitely determined. According to the best information available (which does not come from him) he has been “suspended” on pension; his ultimate fate is to be determined at an early date.

6 See, especially, his article, “Das Zwischenstaatliche Weltbild des National Sozialismus,” published in 1933 in the Juristische Wochenschrift, and his article, “Interesse und Zwischenstaatliche Ordnung,” published in Niemeyer’s Zeitschrift für Internationales Recht, 1934, p. 22 ff.

7 See his Völkerrecht published in 1937, especially pp. 26 ff. and 36 ff.

8 The details regarding these two incidents may be found in 34 and 37 Die Friedens-Warte (1934 and 1937), pp. 121 and 152 respectively.