O
o_mlly
Guest
Let me define my terms. Murder is the unjust taking of innocent human life. The Jews were innocent and their killing was unjust.There are all sorts of justified murders. The Mosaic Law gave permission to the state to kill murderers. As well, when you kill an enemy combatant, providing it isn’t some egregious violation of the rules of war (like killing an unarmed prisoner), it’s not viewed as murder. We make all sorts of dispensation that amount to a limited right to kill people.
“Justified killing” has moral status but there are not all sorts of dispensations only one: self defense. The use of force, even lethal force, is justified to save the lives of innocent human beings from an unjust aggressor. The Jews were hardly the unjust aggressors.
That was not their defense. But let’s examine your claim which seems to be: The Nazis believed thatLet’s be blunt here. The Nazis essentially believed that anything that furthered their cause (and by extension the cause of Germany) overrode any particular moral precept.
killing the innocent Jews was justified because a greater good would result, i.e., the Thousand-Year Reich for millions of Aryan Germans. The Thousand-Year Reich as a good was greater than the evil caused in killing the Jewish population. I don’t think so.
The Treaty of Westphalia gave Germany absolute sovereignty. There is no question about the legality of the Holocaust. Jackson, the lead prosecutor at Nuremberg, had to depart from the philosophy of legal positivism and proceed to a higher authority, a new and higher vantage point to prosecute the legal system of another country. He appealed to the basic principles of civilization in order to prosecute the jurisprudence of the Nazi legal system. To transcend human law had to take recourse natural law – the Creator’s law.
What is a “normative” legal process? The term suggests a higher power sets the standard which becomes normative. In the 1930’s who was that authority and how did they claim a superior moral system than the Germans?By the beginning of the war, Germany, by and large didn’t operate under any kind of normative legal process. The Enabling Act pretty much made Hitler an absolute dictator, and it was a power that he happily extended to his more enthusiastic lieutenants.
My reading indicates acceptance of the treatment of the Jewish populations in Germany and elsewhere went well beyond Hitler’s “enthusiastic lieutenants”.
Oh my, look at all those posts. I’ve got to master my fingering for that darn F-chord and work on drawing that 5-iron so I’ll check into this thread again tomorrow.
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