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The Concept of Law
Law, Function and Morality
The case of the Nazi wifeThe 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
GHe said it in confidence
She made it public
Wasn't obliged to tell
She reported something that wasn't a crime
Guilty with intent
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
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