Configuration to conviction: Network structures of political judiciary in the Austrian Corporate State

Abstract

In this paper, we analyze the extent of political judiciary in the transformed system of the Corporate State of Austria using the computational methods of a network approach. We investigate the differences in the legal prosecution of the political opposition, namely of members of the Communist, Social Democratic and National Socialist parties based on Vienna as a case study. Based on over 1,800 court records from 1935 processed at the Viennese provincial courts, we evaluate the courts’ practice in contrast to the official legislature during the consolidated phase of the regime. In this study, we examine whether the law was strategically utilized against specific groups (following the concept of Kirchheimer (1965)’s political lawsuit), and as in the more lenient version of Fraenkel (1927/1968)’s tendency justice, we analyze whether the law was disadvantageously interpreted for political partisanship up to a blatant breach of conduct. Combining quantitative and qualitative methods with network science approaches, we identify patterns of political prosecution and structural predispositions for the sentencing of left- and right-wing groups of the political opposition. We can prove different practices of political judiciary and differentiate between the different treatment of Social Democrats, Communists and National Socialists in 1935 in Vienna. We identify specialized strategies to prosecute the political opposition, resulting in a clear bias against left-wing groups and a relative leniency in the conviction of National Socialists based on the evolution of charges in the courts’ actions. Using a multimodal network approach, we reveal key players and cooperation of judges and prosecutors which accounted for harsher sentences. We provide evidence that the system of control over the judiciary and over the political opposition was already crumbling in the Austrian capital in 1935, even before the “Anschluss” to NS-Germany in 1938.