The Röhm case between Rechtsvakuum and new constitutional layout: a debate in the German juridical science during the early years of the National Socialist dominance
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DOI:
https://doi.org/10.63277/gsc.v23i.4930Keywords:
Nazi Law, State of Exception, Necessity, Space Devoid of Law, Carl SchmittAbstract
The paper analyzes the various interpretations made by the German jurists during the Third Reich, concerning both the so called “Night of the Long Knives” (30 June 1934) which saw many opponents of the regime and members of the same NSDAP murdered, and the Law that was passed on July 3, 1934 in order to justify the massacre. In particular the contributions of Carl Schmitt and Ernst Rudolf Huber are still interesting because they emphasize the “constituent” nature of the measures in defining a new concept of the State marked by the concept of the Leader’s principle (Führertum).
