#17003 - The Concept Of Law Morality - Legal Foundations (LAWS110)

The Concept of Law

Law, Function and Morality

Laws 110

The case of the Nazi wife

• The case is heard in post war Germany

• The defendant is accused of attempted murder for informing the German authorities of the anti-Nazi statements of her husband while home on leave.

• Her defence is that she was following the law at the time

She passes on the statements

He is tried in a short trial, sentenced to death

1944, Germany

Eastern Front is collapsing, he is sent back

He lays a criminal case against her of attempted murder

The criminal law had not changed largely due to murder

She was following the law at the time

At the time Nazi law was in place

The Grudge informer cases

The 1938 statute- it was the law at the time

The 1934 Statute

G

• He said it in confidence

• She made it public

• Wasn’t obliged to tell

• She reported something that wasn’t a crime

• Guilty with intent

NG

If they clash,

Since the law was so repugnant could it be a law

No other option due to a climate of fear

Statues are vague?

Private still treated like public

Nazis- not big on procedural justice

• Had to inform on him

~ Work by people dobbing in (informing) on their neighbours

She had turned to other men, her motive for informing on him is possibly due to the fact she wanted to get rid of him

She is arguing that her behaviour is justified because the law at the time justified it, this was the statue

No international law at this point

Following orders

The Great Escape

Following law at time, there is also Geneva convention

A unjust law is a law~ Positivism

• Law and morality is separate- both Llewellyn and Hart were positivists

• The law is posited by men

• Not all agree with them

• Does law encompass a form of...