James Q. Whitman

Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws--the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.

The United States and the Making of Nazi Race Law

Hitlers American Model

Akademisyenler ve tarihçiler, Amerika'nın kendi ırkçı baskı rejiminin Nazilere herhangi bir şekilde ilham verip vermediği konusunu yıllardır tartışıyorlar. Temeli itibarıyla Nazi ırk hukuku ile Amerika Birleşik Devletleri arasındaki bağlantıyı küçümsüyorlar, çünkü Amerika’nın Yahudilerden ziyade siyahîlerin vatandaşlık haklarından mahrum bırakılmasına odaklanmış olduğunu vurgulamakla meşguller. Ancak Whitman'ın bu eserde ustalıkla yürüttüğü bilimsel dedektiflik çalışması, 30'lu yılların ortalarında Nazi hukukçu ve siyasetçilerinin, Amerika Birleşik Devletleri'nin Afro-Amerikalıları oy kullanma ve beyazlarla evlenme hakkından mahrum bırakma yöntemine tekrar tekrar bakarak feyz aldıklarını; Nazi ırk ve vatandaşlık yasalarını oluştururken ABD’nin içtihat ve uygulamalarından esinlendiklerini kanıtlıyor. Ve bu sayede, ABD ve Nazi Almanya’sı arasındaki bağların kuvvetine ilişkin tartışmayı kesin olarak çözüyor. Amerika Birleşik Devletleri'ndeki kurumsallaşmış ırkçılığın ve örfî hukuk uygulamalarının Hitler'in politikalarına ilham verdiğini, bir kısmı ilk kez gün yüzüne çıkan tüm kanıtlarıyla, ikna edici bir şekilde savunuyor… "Bu kitap, 1935'teki meşhur Nürnberg Yasalarında Amerikan ırkçılığının rol oynadığını gösteriyor." -Brent Staples, New York Times "Çok da uzak olmayan bir geçmişte Amerika'nın yasaları -ve liderleri- hakkında önemli soruları gündeme getiren, bilgili, iyi araştırılmış ve düşündürücü bir çalışma." -Rafael Medoff, Haaretz "Küçük bir kitap gibi görünebilir, ancak utanç verici bir tarihi gözler önüne sermek konusunda boyutuyla orantısız bir güce sahip." -Kirkus Reviews

Nazi Irk Hukukunun Doğuşu ve ABD

Hitler’in Rol Modeli: Amerika

Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.

Criminal Punishment and the Widening Divide between America and Europe

Harsh Justice

Well after the process of codification had begun elsewhere in nineteenth-century Europe, ancient Roman law remained in use in Germany, expounded by brilliant scholars and applied in both urban and rural courts. The survival of this flourishing Roman legal culture into the industrial era is a familiar fact, but until now little effort has been made to explain it outside the province of specialized legal history. James Whitman seeks to remedy this neglect by exploring the broad political and cultural significance of German Roman law, emphasizing the hope on the part of German Roman lawyers that they could in some measure revive the Roman social order in their own society. Discussing the background of Romantic era law in the law of the Reformation, Whitman makes the great German tradition of legal scholarship more accessible to all those interested in German history. Drawing on treatises already known to legal historians as well as on previously unexploited records of legal practice, Whitman traces the traditions that allowed nineteenth-century German lawyers like Savigny to present themselves as uniquely "impartial" and "unpolitical." This book will be of particular interest to students of the many German thinkers who were trained as Roman lawyers, among them Marx and Weber. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Historical Vision and Legal Change

The Legacy of Roman Law in the German Romantic Era

Slaughter in battle was once seen as a legitimate way to settle disputes. When pitched battles ceased to exist, the law of victory gave way to the rule of unbridled force. Whitman explains why ritualized violence was more effective in ending carnage, and why humanitarian laws that view war as evil have led to longer, more barbaric conflicts.

The Law of Victory and the Making of Modern War

The Verdict of Battle

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

James Q. Whitman

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