James Q. Whitman Libros

The exploration of German Roman law reveals its enduring impact into the industrial era, as scholars sought to revive the Roman social order amidst political and cultural shifts. James Whitman analyzes the Romantic era's legal landscape, making the rich tradition of German legal scholarship accessible beyond specialized circles. By examining both known treatises and untapped legal records, he highlights how lawyers like Savigny positioned themselves as "impartial" and "unpolitical," offering insights valuable to students of influential German thinkers like Marx and Weber.

To be convicted of a crime in the United States, a person must be proven guilty "beyond a reasonable doubt." But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of "reasonable doubt." It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not "reasonable." Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

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"Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and anti-miscegenation laws proved directly relevant to the two principal Nuremberg Laws--the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world." -- Back cover

This is a brilliant, erudite, and disturbing book. By looking at the United States through the eyes of Nazi legal theorists in the 1930s, Whitman contributes to our understanding of this darkest chapter of German legal history. Moreover, he shines a light through this unlikely lens on the worst sins of our own country's past. - Lawrence M. Friedman, author of A History of American Law

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Als in Deutschland die Nationalsozialisten triumphieren, ist in den USA die hohe Zeit der „Jim-Crow-Gesetze“, mit denen die Diskriminierung der Schwarzen geltendes Recht wird. Eine zufällige Parallele? Was kaum zu glauben klingt, das dokumentiert der Rechtshistoriker James Q. Whitman unwiderleglich: Der Rassismus in den USA lieferte den Nazis Anschauungsmaterial für die Diskriminierung der Juden. Der Empfang durch die New Yorker Anwaltskammer sei „warm“ und „besonders befriedigend“ gewesen, befand Ludwig Fischer. Der Jurist, der 1947 hingerichtet wurde, war Leiter einer Delegation, die sich auf eine „Studienreise“ in die USA begeben hatte. Die Reise im September 1935 war als Belohnung für ein Jahr „harter Arbeit“ gedacht, das die Ausarbeitung der „Nürnberger Rassengesetze“ und die Überwindung „überholter“ Rechtsstandpunkte allen Beteiligten abverlangt hatte. Nun aber war man in dem Land, von dem man so viel gelernt hatte und von dem man noch mehr lernen wollte: Wie man Rassengesetze nicht nur macht, sondern auch wirksam umsetzt.