Mixed Race Studies

Based on a long series of modern studies, [James Q.] Whitman says the Nuremberg Laws were crafted so as to create citizenship laws based on racial categories. The main motive for the legislation was to prevent mixed marriages, which would lead to the birth of mixed-race children and “racial pollution.” At the center of the debate that preceded the Nuremberg Laws was the aspiration to construct a legal code that would prevent such situations. American precedents, which were meant to make African-Americans, Chinese and Filipinos second-class citizens, provided inspiration for the Nazis.

Oded Heilbronner, “Racism Comes Full Circle: America as the Harbinger of the Nazis’ Race Laws,” Haaretz, August 15, 2017. http://www.haaretz.com/us-news/1.806835.

Racism Comes Full Circle: America as the Harbinger of the Nazis’ Race Laws

Haaretz
2017-08-15

Oded Heilbronner, Lecturer in Cultural and Historical Studies
Hebrew University of Jerusalem; Shenkar College of Engineering and Design

Demonstrators carry confederate and Nazi flags during the Unite the Right free speech rally at Emancipation Park in Charlottesville, Virginia, USA on August 12, 2017. Emily Molli / NurPhoto

James Q. Whitman, Hitler’s American Model: The United States and the Making of Nazi Race Law (Princeton: Princeton University Press, 2017)

Nazi sentiment was very much influenced by the American experience including the Jim Crow legislation in the South, Yale’s James Q. Whitman says in new book

A recent study has joined the constant flow of research on the Third Reich, an original work that sheds more light on a subject we thought we knew everything about: Nazi racism. It’s a subject all the more current after the events in Charlottesville, Virginia, over the weekend.

Countless books have been written on the sources of Nazi racism. Some reconstruct 500 years of German history, since the days of Martin Luther, and find the source of the Nazis’ murderous worldview. Others see Nazi ideology as a historical accident whose roots are to be found only in the few years before the rise of the Third Reich.

Others invoke European contexts: the Eastern European or French anti-Semitism on the eve of the 20th century, and the Communist revolution, whose shock waves included murderous anti-Semitism in Europe. We also must not ignore the biographical-psychological studies that focus on the pathological anti-Semitism developed by the Nazis, with Hitler at their head.

The unique work of Prof. James Q. Whitman of Yale Law School, whose previous book explored the growing divide between criminal law and punishment in America compared to Europe, belongs to a long series of research noting the global contexts in which decisions are made and events occurred both regionally and domestically…

…Based on a long series of modern studies, Whitman says the Nuremberg Laws were crafted so as to create citizenship laws based on racial categories. The main motive for the legislation was to prevent mixed marriages, which would lead to the birth of mixed-race children and “racial pollution.” At the center of the debate that preceded the Nuremberg Laws was the aspiration to construct a legal code that would prevent such situations. American precedents, which were meant to make African-Americans, Chinese and Filipinos second-class citizens, provided inspiration for the Nazis…

Read the entire article here.

Why the Nazis studied American race laws for inspiration

Aeon
2016-12-13

James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law
Yale Law School

Edited by Marina Benjamin

‘At the bus station in Durham, North Carolina.’ May 1940. Photo by Jack Delano/FSA/Library of Congress.

James Q Whitman is the Ford Foundation professor of comparative and foreign law at Yale Law School. His subjects are comparative law, criminal law, and legal history. His latest book is Hitler’s American Model (2017).

On 5 June 1934, about a year and half after Adolf Hitler became Chancellor of the Reich, the leading lawyers of Nazi Germany gathered at a meeting to plan what would become the Nuremberg Laws, the centrepiece anti-Jewish legislation of the Nazi race regime. The meeting was an important one, and a stenographer was present to take down a verbatim transcript, to be preserved by the ever-diligent Nazi bureaucracy as a record of a crucial moment in the creation of the new race regime.

That transcript reveals a startling fact: the meeting involved lengthy discussions of the law of the United States of America. At its very opening, the Minister of Justice presented a memorandum on US race law and, as the meeting progressed, the participants turned to the US example repeatedly. They debated whether they should bring Jim Crow segregation to the Third Reich. They engaged in detailed discussion of the statutes from the 30 US states that criminalised racially mixed marriages. They reviewed how the various US states determined who counted as a ‘Negro’ or a ‘Mongol’, and weighed whether they should adopt US techniques in their own approach to determining who counted as a Jew. Throughout the meeting the most ardent supporters of the US model were the most radical Nazis in the room…

Read the entire article here.