Nazi Germany turned criminal law from an independent state organ into an administrative bureaucracy

Evidence

The article Criminal Law in National Socialist Germany', which appeared in the summer of 1940, emphasized that the transformation of the legal system from an independent organ of the state into an administrative bureaucracy’ was the most significant change which had taken place in the system of criminal justice in Germany since 1933. This bureaucracy’s area of jurisdiction had been severely restricted, however, by the large increase in the number of administrative authorities which had their own powers of criminal punishment. — Rolf Wiggershaus, The Frankfurt School, 972

Categorization

  • XREF: Connects to Kirchheimer’s broader political-bureaucracy analysis and to the Frankfurt School’s critique of the administrative state — resonates with Weberian rationalization theory. — connects to: Nazi rule operated through bureaucratic authority extended to state and group organizations — Rolf Wiggershaus, The Frankfurt School: Its History,…, 975; Nazi Germany was actually governed by secret internal party edicts, not public law; Nazi legal doctrine deliberately left the crime of state-endangerment undefined and open-ended. — Hannah Arendt, The Origins of Totalitarianism, 2795

Broader Connections