Ideology and the Application of Law in SS Courts: A Case Study of Legal Practice in the Third Reich

Abstract

This article provides an empirical study of the inner workings of an institution at the ideological heart of the Nazi state, the SS courts, and analyses how they applied SS law in cases involving unlawful sexual conduct, and how they evaluated the racial characteristics of SS men standing trial. The article demonstrates (1) that the SS courts promoted what has been referred to as an ‘unlimited’, radical ideology. However, the analysis will also reveal how the SS courts during the war (2) gradually climbed down from a position of ideological purity when faced with realities at the front; and (3) despite their ideological core features, in several ways operated as a legal-rational bureaucracy. Towards the end of the article, the ramifications of these findings will be discussed in light of literature concerning the role of law and ideology in the Nazi state and the Third Reich's complicated relationship with modernism.