Koncepcje i instytucje narodowosocjalistycznego prawa według Karola Joncy

Abstrakt

CONCEPTS AND INSTITUTIONS OF NATIONAL SOCIALIST LAW ACCORDING TO KAROL JONCA

Karol Jonca September 13th 1930 – January 13th 2008, an erudite, professor of legal science, specialized in history of political and legal thought, philosophy of law, history of state and law and also economic history. He was a historian of legal-and-doctrinal concepts and of legal institutions of National Socialism. For many years he was an editor-in-chief of substantively and methodologically valuable journal titled “Studies on Fascism and Hitlerite Crimes”. Karol Jonca’s works which analyze concepts and institutions of National Socialist law include some basic conclusions: legal thought of National Socialism emphatically and definitively rejected democratic-andliberal traditions and institutions; it was founded on leadership principle; the leader was a creator of new racist viewpoint and foundational source of law; NSDAP program was a political directive which determined the Third Reich’s legal system; the morality of National Socialism allowed for the introduction of the principle of lex retro agit and violation of the rule of nulla poena sine lege; anti-individualistic purposes of Nazi civil law implied treatment of racist, national and state principles or demands as legal priorities; anti-democratic and racist Hitlerite doctrine of law of persons eliminated “non-Aryans” from political, social and cultural life; Hitlerite thought in the realm of international law introduced new terms, i.e. “Reich”, “nation”, “space”, which were used to justify the Third Reich’s acts of aggression.