Nazi Conspiracy & Aggression
[Page 626]
What Frank as policy-maker in the field of law conceived as
his task he explained in a radio address on 20 March 1934:
[Page 627]
against any further disintegration of the German race
stock....
"The sixth fundamental law was the legal elimination of
those political organizations which within the state,
during the period of the reconstruction of the people
and the Reich, were once able to place their selfish
aims ahead of the common good of the nation. This
elimination has taken place entirely legally. It is not
the coming to the fore of despotic tendencies but it
was the necessary legal consequence of a clear
political result, of the 14 years' struggle of the
NSDAP. "In accordance with these unified legal aims in
all spheres, particular efforts have for months now
been made as regards the work of the great reform of
the entire field of German law. ***" (2536-PS)
Frank concluded his remarks by pointing out that the outward
forms of legality could be preserved in building the Nazi
state:
In his speech at the Congress of the Reich Group of
University Professors of the National Socialist Jurists'
League on 3 October 1936, Frank explained the necessity for
excluding Jews from the legal
"We National Socialists have started with anti-Semitism
in our fight to free the German people, to re-establish
a German Reich and to build our entire German
spiritual, cultural and social life on the
indestructible foundation of our race. We started a
gigantic battle in 1919 *** It took all the self-
confidence of German manhood to withstand and to
triumph in this fight to substitute the German spirit
for Jewish corruption over the concerted attacks of
powerful world groups of which Jewry is a
representative.
"Particularly we National Socialist Jurists have a
mission of our own to accomplish in this battle. We
construct German law on the foundations of old and
vital elements of the German people. ***
[Page 628]
"It is so obvious that it hardly needs mentioning that
any participation whatsoever of the Jew in German law -
- be it in a creative, interpretative, educational or
critical capacity -- is impossible. The elimination of
the Jews from German jurisprudence is in no way due to
hatred or envy but to the understanding that the
influence of the Jew on German life is essentially a
pernicious and harmful one and that in the interests of
the German people and to protect its future an
unequivocal boundary must be drawn between us and the
Jews."
As the leading Nazi jurist, Frank accepted and promoted the
system of concentration camps and of arrest without warrant.
In an article on "Legislation and Judiciary in the Third
Reich' published in the Journal of the Academy of German Law
in 1936, Frank explained:
Just as the other conspirators mobilized the military,
economic, and diplomatic resources of Germany for war,
Frank, in the field of legal policy, geared the German
juridical machine for a war of aggression, which, as he
explained in 1942 to the NSDAP District Standortsfuehrung
Galicia at a mass meeting in Lemberg, had for its purpose:
Frank was proud of this accomplishment. In a speech before
the Academy of German Law in November 1939, he stated:
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Individual
Responsibility Of Defendants
Hans Frank
(Part 2 of 10)
"The first task was that of establishing a unified
German State. It was an outstanding historical and
juristic-political accomplishment on the part of our
Fuehrer that he reached boldly into the development of
history and thereby eliminated the sovereignty of the
various German states.... "The second fundamental law
of the Hitler Reich is racial legislation. The National
Socialists were the first ones in the entire history of
human law to elevate the concept of race to the status
of a legal term. The German nation, unified racially
and nationally, will in the future be legally protected
"As a leader of the German Jurists I am convinced that
together with all strata of the German people, we shall
be able to construct the legal state of Adolf Hitler in
every respect and to such an extent that no one in the
world will at any time be able to attack this legal
state as regards its laws" (2536-PS)
" this topic embraces all that which in our opinion
will contribute to establishing National Socialism in
the field of jurisprudence, thus eliminating any alien
racial spirit therefrom. ***
"To the world we are blamed again and again because of
the concentration camps. We are asked, 'Why do you
arrest without a warrant of arrest?' I say, put
yourselves into the position of our nation. Don't
forget that the very great and still untouched world of
Bolshevism cannot forget that we have made final
victory for them impossible in Europe, right here on
German soil." (2533-PS)
" to expand the living space for our people in a
natural manner" (2233-S-PS)
"Today we are proud to have formulated our legal
principles from the very beginning in such a way that
they need not be changed in the case of war. For the
rule, that right is that which is useful to the nation,
and wrong is that which harms it, which stood at the
beginning of our legal work, and which established this
collective term of nation as the only standard of value
of the law -- this rule dominates also the law of these
times." (445-PS)