Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950

Abstract

Devin Pendas has written a stimulating study of the question of the relationship between early Nazi trials and the concept of Transitional Justice (TJ). He is less concerned with the extent to which contemporary concepts (TJ emerged in the 1980s) can be applied to historical cases than with verifying or falsifying an existing theoretical concept through historical-empirical research. This is an interesting spin on the topic, as it puts the spotlight on historically grounded studies in a field dominated by political and social scientists looking at current cases. However, this also raises the question of who Pendas’s study is aimed at. He attempts the balancing act of presenting new insights for historians of German history and of Nazi trials, for TJ scholars and for legal historians. The latter come into the picture because Pendas concentrates on a specific aspect of transitional justice: criminal trials, in this case against Nazi perpetrators in the years 1945 to 1950.