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Bamber Trial Essay

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A German court in 1949 Bamber trials ruled against a woman for illegally depriving her husband of his liberty, after being sent to a work camp following a denounce from her. Such deprivation of liberty was included in the German Code of the nineteenth century which still was into effect. Actually it was an appeal against the decision of the trial court which found that she did not violated a valid law. According to X, the trial court “erred in that it inferred the legality of the informer’s report from the legality of the court-martial which found the husband guilty”. The Bamber court ruled that she knew that her report would have a total probability of resulting in her husband deprivation of liberty or even death penalty.
Her defense logically claimed that she acted upon a law …show more content…
At this point, when discussing positivist and naturalist approached to the administration of justice in the aftermath of the II World War, it is worth quickly mentioning Gustav RADBRUCH. He lived through the Nazi times and “converted” from legal positivist into legal naturalism. He concluded that Gesetz als Gesetz (law is law) was dangerous in the sense that autocratic regimes could use it as a tool to violate elemental human rights. He would finally advocate for the inclusion of humanitarian morality within the legal framework: positive laws cannot be valid if in opposition to basic morality.
In a similar way, FRANZ NEUMANN also lived during the Nazi regime working as a lawyer. For TOPALLI he is an example of another supporter of the non-existence of Nazi law. He also viewed the potential hazards from a pure positivist justification of any law when wrote: “There is no kingdom of law in Germany, despite that are thousands of rules technically countable”

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