Entries Tagged as 'Law'

Valerie Hébert, “Hitler’s Generals on Trial: The Last War Crimes Tribunal at Nuremberg”

Clausewitz famously said war was the “continuation of politics by other means.” Had he been unfortunate enough to witness the way the Wehrmacht fought on the Eastern Front in World War II, he might well have said war (or at least that war) was the “continuation of politics by any means.” Hitler was terribly specific about this. The Slavs, he said, were Untermenschen (subhumans). The Communists were Judeo-bolschewisten (Jewish Bolsheviks). Soviet soldiers were keine Kameraden (not comrades-in-arms). The East was future German Lebensraum (living space). All this meant that the ordinary rules of armed conflict had to be suspended. The German armed forces were to conduct a Vernichtungskrieg, a war of annihilation.

The German military had never been in the business of wanton destruction. On the contrary, it prided itself on being the most professional fighting force in the world. It was admired for many things, but two of them were honor and loyalty. And it was the clash of these two otherwise laudable traits that got the Wehrmacht in deep trouble, for Hitler essentially ask the German military to choose between the two in the East. Would the army uphold the traditional, honorable ideal of civilized military conduct, or would it remain loyal to Hitler and prosecute his Vernichtungskrieg?

As Valerie Hébert shows in her remarkable Hitler’s Generals on Trial: The Last War Crimes Tribunal at Nuremberg (University Press of Kansas, 2010), they chose the latter course. At Hitler’s request, they murdered civilians, starved prisoners of war, and enslaved occupied peoples by the millions. So it’s little wonder that after the war the victors called the leaders of the Wehrmacht to account for their thoroughly criminal behavior. And here they behaved no better, for they lamely claimed that they didn’t commit these outrages, didn’t know others were committing them, or were under orders so they had no choice. When they did admit to killing thousands in one or another Aktion, they claimed it was military necessity or that they were forced to be brutal because the Soviets were more brutal still (a pathetic instance of blaming the victim).

Given the setting (their honor and even lives were on the line), it’s not surprising that they lied and rationalized. What is more unsettling is that they showed little or no remorse for what they had done (during or after the trials) and that they enjoyed considerable sympathy within the German population. As Valarie points out, the Germans mounted large campaigns both against the Nuremberg proceedings and for the release of the Wehrmacht-criminals after they had been incarcerated. The former were unsuccessful, though the latter resulted in the premature release of nearly all those convicted in the Wehrmacht trials.

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Nick Reding, “Methland: The Death and Life of an American Small Town”

In 1980 I left Kansas to go to college in Iowa. A lot of things caught my attention about Iowa, for example, that the people really are very nice. I also noticed that there were a lot of drugs. One of them was “crystal methamphetamine,” or “crystal meth” for short. I’d never heard of it before (which is not surprising), but I quickly learned that, while not as fashionable as coke, it was inexpensive and widely available. Lots of people did it. It made them feel good. I left Iowa in 1984 for California, and with it any thought of crystal meth.

“Crank,” however, remained, ever ready to make people feel good when they had nothing much to feel good about. And as Nick Reding explains in Methland. The Death and Life of an American Small Town (Bloomsbury, 2009) America’s midland didn’t have much to feel good about in the closing decades of the twentieth century. Globalization was hammering the industries that had long supported places like little Oelwein, Iowa, the subject of Reding’s attention. Light manufacture, meatpacking, and agriculture were all in decline. Wages were dropping, poverty rising, and people were leaving for the coasts (as I had). Misery loves company, but there was less and less company to be had in Oelwein. Misery, however, also loves drugs, and there was plenty of meth to go around thanks to a peculiar alliance between: 1) big pharma–which opposed any legislation to limit the sale of the essential over-the-counter ingredient in meth; 2) south-of-the-border drug cartels–who took said over-the-counter ingredient and made massive quantities of meth; and 3) some down-on-their luck Iowans–who arranged for the import of said drug. In some ways, meth did what it was supposed to do: it made sad people happy and tired people strong. But it also destroyed the lives of users, their families, and their communities. The bi-costal press reported that the hicks of flyoverland had been possessed by a new kind of “reefer madness.” The rest of the story–globalization, lobbying by big pharma, the drug cartels–it missed for the most part. Nick Reding didn’t, and we in Iowa owe him a debt of gratitude.

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Laura Wittern-Keller, “The Miracle Case: Film Censorship and the Supreme Court”

Did you ever wonder how we got from a moment in which almost everything on film could be censored (the Progressive Era) to the moment in which nothing on film could be censored (today)? From the Nickelodeon to Deep Throat? The answer is provided by Laura Wittern-Keller and Raymond J. Haberski in their wonderful new book The Miracle Case: Film Censorship and the Supreme Court (University of Kansas Press, 2008). You’ve probably never heard of “The Miracle” or the case it launched in 1949. It’s a short film by Roberto Rossellini about a deranged women who, having slept with a man she believes is St. Joseph, gives birth to a child in a deserted mountain church. Fellini has a bit part (as “Joseph”). Critics generally liked it; Catholics in New York generally didn’t. The Church mounted a campaign against the film and the authorities relented: “The Miracle” was banned on the grounds that it was  “sacrilegious.” In 1949, those were fine grounds. Not for long. The film’s distributor–the fiesty Joseph Burstyn–fought for the right to exhibit it all the way to the Supreme Court in 1952. And he won. Between 1952 and 1965, the states got out of the film-censorship business and we entered a new era of free-speech absolutism when it comes to film. One wonders if that’s a good thing.

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Charles Lane, “The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction”

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Why did Reconstruction fail? Why didn’t the post-war Federal government protect the civil rights of the newly freed slaves? And why did it take Washington almost a century to intercede on the behalf of beleaguered, oppressed African Americans in the South? In a terrific new book, Charles Lane explains why. The Day Freedom Died. The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction (Henry Holt, 2008) tells the tale of a little-known though remarkably important incident: the murder of close to 100 freedmen by a posse of White supremacists in Louisiana in 1873. Charles does an excellent job of narrating this heart-wrenching and disturbing event. The book would be worth reading for that story alone. But he really comes into his own in describing the legal aftermath of the slaughter. With all the skill of a seasoned reporter–which he is–Charles chronicles the passage of the Colfax case from the courts of New Orleans to the U.S. Supreme Court. The result was a landmark decision–United States v. Cruikshank–that effectively placed the civil rights of Southern African Americans in the hands of Southern Whites for almost a century, with predictable results. A must-read for anyone interested in Reconstruction, constitutional law, and the sad history of race-relations in the United States.

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Laura Wittern-Keller, “Freedom of the Screen: Legal Challenges to Film Censorship 1915-1981″

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This week we interviewed Laura Wittern-Keller about her new book, Freedom of the Screen: Legal Challenges to Film Censorship 1915-1981. Both well written and extremely well researched, Freedom of the Screen takes the reader case by case through the history of film censorship in the United States. Dr. Wittern-Keller is a visiting assistant professor of history and public policy at the University at Albany (SUNY) and is also the recipient of the New York State Archives Award for Excellence in Research. Francis G. Couvares, author of Movie Censorship and American Culture, claims that “[Dr. Wittern-Keller's] research is prodigious and fills a significant gap in the field. All who are engaged in this field will have to incorporate her findings into their stories of movie censorship.”

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