Student Channel • Et. Seq: The Harvard Law School Library Blog

Book Talk: Lawrence Lessig’s America, Compromised, Wednesday, March 27 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of America, Compromised by Lawrence Lessig (Univ. Chi. Press, Nov. 2018).  Professor Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School.

Wednesday, March 27, 2019, at noon
Harvard Law School WCC Milstein West A/B (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required, light lunch will be served

America, Compromised Poster

About America, Compromised

“There is not a single American awake to the world who is comfortable with the way things are.”

So begins Lawrence Lessig’s sweeping indictment of contemporary American institutions and the corruption that besets them. We can all see it—from the selling of Congress to special interests to the corporate capture of the academy. Something is wrong. It’s getting worse.

And it’s our fault. What Lessig shows, brilliantly and persuasively, is that we can’t blame the problems of contemporary American life on bad people, as our discourse all too often tends to do. Rather, he explains, “We have allowed core institutions of America’s economic, social, and political life to become corrupted. Not by evil souls, but by good souls. Not through crime, but through compromise.” Every one of us, every day, making the modest compromises that seem necessary to keep moving along, is contributing to the rot at the core of American civic life. Through case studies of Congress, finance, the academy, the media, and the law, Lessig shows how institutions are drawn away from higher purposes and toward money, power, quick rewards—the first steps to corruption.

Lessig knows that a charge so broad should not be levied lightly, and that our instinct will be to resist it. So he brings copious, damning detail gleaned from years of research, building a case that is all but incontrovertible: America is on the wrong path. If we don’t acknowledge our own part in that, and act now to change it, we will hand our children a less perfect union than we were given. It will be a long struggle. This book represents the first steps. — University of Chicago Press

About Lawrence Lessig

Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School. Prior to rejoining the Harvard faculty, Lessig was a professor at Stanford Law School, where he founded the school’s Center for Internet and Society, and at the University of Chicago. He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and Justice Antonin Scalia on the United States Supreme Court. Lessig serves on the Board of the AXA Research Fund, and on the advisory boards of Creative Commons and the Sunlight Foundation. He is a Member of the American Academy of Arts and Sciences, and the American Philosophical Association, and has received numerous awards, including the Free Software Foundation’s Freedom Award, Fastcase 50 Award and being named one of Scientific American’s Top 50 Visionaries. Lessig holds a BA in economics and a BS in management from the University of Pennsylvania, an MA in philosophy from Cambridge, and a JD from Yale.

More About America, Compromised

“America, Compromised is about the country in the Trump era, but not about Trump. Indeed, Lessig would have written much the same book if Hillary Clinton were president and if Democrats had control of both houses of Congress. His focus is not on bad people doing bad things, but on how incentives across a range of institutions have created corruption, with deleterious consequences for the nation. . . . America, Compromised join[s] an impressive array of books and essays that may, someday, have a future intellectual historian using them as examples to lament the fact that his or her contemporaries are not as eloquent or important as the group that arose in the Trump era to combat the threats to our way of life.” — Norm Ornstein — New York Times Book Review

“Lessig lays out a working definition and theory of corruption that is at once simple and comprehensive, a devastating argument that America is racing for the cliff’s edge of structural, possibly irreversible tyranny.” — Cory Doctorow

 

HLS faculty and students: join us for Notes and Comments!

On Wednesday, April 10, from 2:30-5pm, the normally quiet* tables of the HLS Library Reading Room will become collaboration zones for student-faculty interaction on scholarly topics during Notes & Comment: Connecting Students and Faculty on Scholarship. Faculty will be available to meet with students seeking guidance on their research and writing for publication — including student Notes in HLS journals, writing competitions, and other extra-curricular publishing opportunities.

Faculty members will be available to advise you on the scholarship process and discuss your ideas and outlines during one-on-one and small group meetings in the Library Reading Room with a food and drinks networking reception. The reception begins at 2:30 and the advising at 3pm. You will also be able to sign up to meet with a librarian for a research consultation.

Please let us know you’re coming at http://bit.ly/ncspr19 so that the event coordinators can plan appropriate student-faculty partnerships in advance. We will schedule partnerships based on signup time, so it is to your advantage to sign up early. Advance registration will be available through April 2nd.

Photo credit:
Writing Tools by Pete O’Shea on Flickr, CC BY 2.0

Book Talk: Sovereignty and the New Executive Authority, Wednesday, March 13th at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Sovereignty and the New Executive Authority edited by Claire Finkelstein and Michael Skerker (Oxford Univ. Press, 2018).  Professor Finkelstein will be joined in conversation with Professor Charles Fried and Professor Adrian Vermeule.

This book talk is co-sponsored by the Harvard Law School Students for the Rule of Law.

Wednesday, March 13, 2019, at noon
Harvard Law School Milstein West A/B (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Sovereignty and the New Executive Authority Poster

About Sovereignty and the New Executive Authority

“This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing of irregular militants; prompting questions regarding the legitimacy of executive power in this arena.” — Oxford University Press

Claire FinkelsteinProfessor Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy; Director at the Center for Ethics and the Rule of Law, University of Pennsylvania Law School. She has published extensively in the areas of criminal law theory, moral and political philosophy as applied to legal questions, jurisprudence, and rational choice theory. One of her distinctive contributions is bringing philosophical rational choice theory to bear on legal theory. She has focused in recent years on the implications of Hobbes’ political theory for substantive legal questions. She is the series editor, with Jens Ohlin, of the Oxford Series in Ethics, National Security and the Rule of Law. Within that series, she has co-edited three volumes to date: Targeted Killings: Law & Mortality in an Asymmetrical World (2012), Cyberwar: Law and Ethics for Virtual Conflicts; and Weighing Lives in War (2017). She is also the editor of Hobbes on Law (2005). She is the Faculty Director of the Center for Ethics and the Rule of Law at the University of Pennsylvania.

Charles FriedProfessor Charles Fried will join Professor Finkelstein in discussion of Sovereignty and the New Executive Authority.  Professor Fried is the Beneficial Professor of Law and has been teaching at Harvard Law School since 1961. He was Solicitor General of the United States, 1985-89, and an Associate Justice of the Supreme Judicial Court of Massachusetts, 1995-99. He contributed a chapter to Sovereignty and the New Executive Authority titled Defining and Constraining the Sovereign.

Adrian VermeuleAdrian Vermeule is the Ralph S. Tyler, Jr. Professor of Constitutional Law at Harvard Law School. Before coming to the Law School, he was the Bernard D. Meltzer Professor of Law at the University of Chicago. The author or co-author of nine books, most recently Law’s Abnegation: From Law’s Empire to the Administrative State (2016), The Constitution of Risk (2014) and The System of the Constitution (2012). He was elected to the American Academy of Arts and Sciences in 2012.

 

 

 

NEW EXHIBIT! Creating Community: Harvard Law School and the Bauhaus

2019 marks the centennial of the Bauhaus, and Harvard is celebrating! The Bauhaus, considered the twentieth century’s most influential school of art and design, has deep connections to Harvard, including the Harvard Law School. Did you know that Harvard’s first example of modern architecture is on the HLS campus and was designed by Walter Gropius, the founder of the Bauhaus? Or that Gropius commissioned Bauhaus pioneers to create site-specific artwork for the buildings? Come explore HLS’s connection to the Bauhaus and its role in shaping campus life.

 

Harvard Graduate Schools Alumni Day Luncheon on Jarvis Field, with Graduate Center and World Tree Sculpture in Background. Walter R. Fleischer, Harvard University News Office, June 1951, Photographs of Alumni Groups, Harvard Law School Library, Historical & Special Collections

Harvard Graduate Schools Alumni Day Luncheon on Jarvis Field, with Graduate Center and World Tree Sculpture in background. Walter R. Fleischer, Harvard University News Office, June 1951, Photographs of Alumni Groups, Harvard Law School Library, Historical & Special Collections

 

This exhibit was curated by Karen Beck and Lesley Schoenfeld, Historical & Special Collections. It is on view daily 9 to 5 from February 4 – July 31, 2019 in the HLS Library’s Caspersen Room, Langdell Hall. A sampling of the exhibit is available online.

Be sure to visit all of Harvard’s Bauhaus-related exhibits, tours, and events happening in 2019!   #bauhausatHLS; #bauhaus100

 

Harvard Law School Students at an Orientation Party on Jarvis Field with Caspersen Center in background, 26 August 2016, Martha Stewart, photographer, HLS Communications

Harvard Law School Students at an Orientation Party on Jarvis Field with Caspersen Student Center in background, 26 August 2016, Martha Stewart, photographer, HLS Communications

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Book Talk: Cass Sunstein’s On Freedom, Wednesday, February 27 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of On Freedom by Cass R. Sunstein (Princeton Univ. Press, February 2019). Professor Sunstein is the Robert Walmsley University Professor at Harvard University.

Wednesday, February 27, 2019, at noon
Harvard Law School WCC Milstein West A/B (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Sunstein On Freedom poster

About On Freedom

“In this pathbreaking book, New York Times bestselling author Cass Sunstein asks us to rethink freedom. He shows that freedom of choice isn’t nearly enough. To be free, we must also be able to navigate life. People often need something like a GPS device to help them get where they want to go—whether the issue involves health, money, jobs, children, or relationships.

In both rich and poor countries, citizens often have no idea how to get to their desired destination. That is why they are unfree. People also face serious problems of self-control, as many of them make decisions today that can make their lives worse tomorrow. And in some cases, we would be just as happy with other choices, whether a different partner, career, or place to live—which raises the difficult question of which outcome best promotes our well-being.

Accessible and lively, and drawing on perspectives from the humanities, religion, and the arts, as well as social science and the law, On Freedom explores a crucial dimension of the human condition that philosophers and economists have long missed—and shows what it would take to make freedom real.” — Princeton University Press

More About On Freedom

“Real freedom is the freedom to reach your goal, not to get lost at every turn. In this powerful book, Cass Sunstein shows when policy can help us navigate to where we want to go, where policy might overstep by choosing the end point for us, and how to tell the two apart. A delightful masterpiece.” — Esther Duflo, Massachusetts Institute of Technology

On Freedom is an elegant, clear, deceptively simple book about a fiendishly complex problem. How can free societies help citizens to navigate among a perplexing multitude of forking paths, only some of which lead toward desirable ends? How is a nudge in the right direction distinct from coercion? What is the best way to enable people to choose paths that enhance life, liberty, and the pursuit of happiness? Drawing on a wealth of probing examples from social policy, literature, and his own experience, Sunstein brilliantly illuminates the challenges that face governments and individuals and sketches plausible ways forward.” — Stephen Greenblatt, author of The Swerve: How the World Became Modern

“In this eloquent and timely book, Cass Sunstein asks urgent questions relevant to the crisis of democracy in which we find ourselves. As the author has demonstrated in the past, he is a thoughtful navigator of territory we may have prematurely believed we understood.” — Joyce Carol Oates

“An important and engaging book on freedom and choice by a top scholar. Sunstein gives us a comprehensive and cutting-edge treatment of his enormously influential work on nudging and well-being.” — L. A. Paul, author of Transformative Experience

“By redefining freedom, this becomes a book about the meaning of life.” — Robert J. Shiller, Nobel Prize–winning economist

Book Talk: Will China Save the Planet?, Wednesday, February 20th at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Barbara Finamore’s Will China Save the Planet? (Polity, Nov., 2018).  Barbara Finamore is a Senior Attorney and Asia Senior Strategic Director at the Natural Resources Defense Council (NRDC). She has over three decades of experience in environmental law and energy policy, with a focus on China for twenty-five years. In 1996, she founded NRDC’s China Program, the first clean energy program to be launched by an international NGO.

This book talk is co-sponsored by the Harvard Law School Library, East Asian Legal Studies, the HLS Environmental Law Society, and the Harvard-China Project.

Wednesday, February 20, 2019, at noon
Harvard Law School WCC Milstein West B
1557 Massachusetts Ave., Cambridge, MA (Directions)
No RSVP required

Will China Save the Planet Book Talk

 

About Will China Save the Planet?

“Now that Trump has turned the United States into a global climate outcast, will China take the lead in saving our planet from environmental catastrophe? Many signs point to yes. China, the world’s largest carbon emitter, is leading a global clean energy revolution, phasing out coal consumption and leading the development of a global system of green finance.

But as leading China environmental expert Barbara Finamore explains, it is anything but easy. The fundamental economic and political challenges that China faces in addressing its domestic environmental crisis threaten to derail its low-carbon energy transition. Yet there is reason for hope. China’s leaders understand that transforming the world’s second largest economy from one dependent on highly polluting heavy industry to one focused on clean energy, services and innovation is essential, not only to the future of the planet, but to China’s own prosperity.” — Polity

More About Will China Save the Planet?

“A hugely informative and readable book about how much China is doing – and needs to do – to spur the clean energy revolution that is a crucial element in the fight against climate change. I highly recommend it.” — Todd Stern, Former Special Envoy for Climate Change under President Obama

“Finamore has written an impressively well-researched and truly fascinating account of China’s fitful odyssey to climate consciousness. In an otherwise pretty bleak global tableau, this progress offers some welcome grounds for hope.” — Orville Schell, Arthur Ross Director, Center on US-China Relations, Asia Society

“A must-read.” — Make Wealth History

‘Barbara Finamore has written a highly readable and informative overview of China’s role in the global climate change battle. Will China Save the Planet? is a good primer for environmental policy analysts and anyone else interested in studying feasible solutions to climate change, humanity’s greatest threat.’ — Eurasia Review

Scanning Nuremberg: Notes on the IMT

Post by Matt Seccombe, January 9, 2019

During November and December I worked on the prosecution documents concerning four institutions charged as being criminal organization (the party leadership, the cabinet, the SA, and the SS), with the documents on the plundering of artworks added as an illustration. This amounted to 232 documents and 996 pages of material. The totals for the year on the IMT (not including the final work on NMT 9) are 1420 documents and 8439 pages.

IMT and NMT compared: The NMT cases followed the IMT, but I worked on six NMT cases before starting the IMT. The striking difference is the complexity of the IMT. As far as I know there was no precedent for the IMT, and little time for preparation: the trial began just six months after the end of the European war. In addition, four different countries (US, UK, France, and the USSR) worked on the prosecution and appointed judges. Both the transcript and the trial documents reflect the complications and sometimes the confusions that resulted. Following the order in the trial (i.e., the transcript) means skipping from box to box in the collection. The transitions in the prosecution case, from one country to another and one subject to another, were not always neat. The document books were not always clearly identified. (One asset is a copy of the published IMT record, 42 volumes, aka the “Blue Set,” which has helpful document lists and indexes—but also its own share of errors and typos.) In contrast, the NMT cases were run by the US alone, and with the benefit of the IMT experience; those cases were much easier to follow and the documents were much better organized and identified. In the IMT work, I have needed to spend more “overhead” time figuring out the proceedings and tracking down the relevant documents, reducing the time available for document analysis.

Whose document is this, anyway? The most confusing IMT material (so far) is in a document book of rebuttal evidence entered late in the trial. It was prepared and labeled as a US document book, but some of the documents that became exhibits were recorded as UK or Soviet exhibits. Our database assumes that a document comes from one and only one source, so in these cases the documents were identified as being US documents, with the UK or Soviet exhibit numbers being recorded in the Notes field rather than the exhibit number field.

Party and state: The judges had considerable reluctance to consider the German government (the cabinet) as being a criminal organization, in contrast to the Nazi party. However, Hitler himself clarified the role of the government in relation to the party, when he told a party meeting in 1935: “It is not the State which gives orders to us; it is we who give orders to the State.”

The SS soldier: One German reported what he heard about a young Waffen SS man in 1943-44: “he could no longer sleep because he had had to take part in such horrible crimes in the East. He hoped he would be killed so that he would not have to carry these memories around with him.” (The soldier died in the war.)

The typist’s message: The 1945 sessions ended on December 20, 1945, and the mimeograph transcript (but not the published Blue Set transcript), marked the occasion: “MERRY CHRISTMAS.”

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.

In Ruhleben Camp: Armistice Day at Ruhleben

In Ruhleben Camp follows the production schedule of the magazine created by prisoners at Ruhleben, an internment camp for British civilians in Germany during WWI. This special post by Marissa Grunes marks the centenary of Armistice Day (November 11, 1918).

The Ruhleben Camp Magazine was largely quiet in the second half of the First World War—as this blog series has been! In honor of Armistice Day yesterday and Veteran’s Day today, though, I wanted to offer a special post about the unusual end to the Great War for those passive participants, the British civilian internees at Ruhleben Camp outside Berlin.

In some ways the drama of Armistice Day was muted within Ruhleben Camp. Many internees had already been released, and those who remained were still busily engaged in camp cultural activities, with the last of the camp’s 128 theater productions opening after Armistice Day, as Davidson Ketchum notes (Ketchum, p. 240). The robust civic organization within the camp had also rendered the last year of the war comparatively gentle to Ruhlebenites. Thanks to the work of the Quaker peace activist Elisabeth Rotten and the Friends Emergency Committee, Ruhleben had access to a steady stream of books and scientific instruments as well as support funds, as the historian Matthew Stibbe relates (Stibbe, p. 144-6), and although the Ruhleben Camp Magazine seems to have closed its editorial offices in the summer of 1917, the Ruhleben Camp School (jocularly called Ruhleben University) remained in full swing (Ketchum, p. 198; In Ruhleben, p. 226). Meanwhile, “standardised” parcel delivery service, various clubs, and the civic administration were also still active (Ketchum, pp. 8).

Ruhleben Theatre, Diplomacy, June 1918. Maurice Ettinghausen collection of Ruhleben civilian internment camp visual materials. Harvard Law School Library. Image ID W422714_1

Ruhleben School of Fencing, March 1918. Maurice Ettinghausen collection of Ruhleben civilian internment camp visual materials. Harvard Law School Library. Image ID W423485_1

This bureaucratic organization was in some cases life-saving. When the Spanish flu struck Germany, leaving 187,000 German civilians and thousands of POWs dead, Ruhleben’s civilian camp authorities leaped into action, imposing quarantines and closing off parts of the camp, including the theatre and cinema. As a result, Ruhleben lost only two men (Stibbe, p. 151).

 

 

 

Ruhleben was also one of the few places in the region with sufficient food: after living behind the Allied blockade for nearly four years, Germans were dying of starvation, yet food parcels continued to arrive at Ruhleben (Stibbe, p. 70). The difference was so stark that in October 1918, the Berliner Illustrierte Zeitung carried a feature-length article claiming that a German businessman, one Herr Wittkowski, had asked the Ruhleben commandant to take his sons into the camp to be fed and receive an education (Stibbe, p. 149). One internee later recalled how he and his messmates, fearing that hungry Berliners might raid the camp, went so far as to bury a cache of food in what “was ostensibly a window-box…with emergency rations of canned beef, tripe, etc., and a few flowers planted on top.” He concludes gratefully, “We never needed it” (quoted in Stibbe, p. 153).

The upshot was that Armistice Day mattered less for the internees at Ruhleben Camp than did the chaos sweeping Germany. In early November 1918, German sailors in Kiel resisted orders to take to the seas for a final hopeless battle against the British. As the German imperial government crumbled, revolutionary sentiment spread, reaching Ruhleben on November 8, 1918, when the German guards followed the lead of their countrymen across Europe and deposed their officers. The guards then joined the prisoners in signing a “declaration of brotherhood” between the German and English people, and “hoisted the red flag before setting the prisoners free” (Stibbe, p. 16). The next day, the German republic was proclaimed by the socialist parliamentarian Philipp Scheidemann from the balcony of the Reichstag in Berlin: “That which is old and rotten, the monarchy has collapsed. Long live that which is new, long live the German republic!” Only a few hours later, a revolutionary admirer of Soviet Russia, Karl Liebknecht, walked up the stairs of the nearby imperial palace to instead proclaim a “free socialist German republic.”

This tension between the moderate and radical socialist revolutionaries cost Liebknecht his life weeks later and would persist throughout the years of Germany’s new Weimar Republic. Nevertheless, revolutionaries in 1918 hoped that socialism would inaugurate a new era in German history. Monarchism, it seemed, had torn the world apart, and socialism promised to heal it. Although this hope was short-lived, it glows from the declaration of peace and fraternity, signed by the inmates and guards at Ruhleben. I would like to conclude by reprinting the opening, as quoted by Matthew Stibbe:

“ENGLISHMEN! Brothers from over the Channel. It is tragic, deeply tragical, that a million dead on both sides were necessary in order to bring home to us that after all we are brothers, and members of the same race. Have Germans and British ever, until now, torn each other to pieces? From impressions gained in competent circles yesterday, it is our personal opinion that your release is only a matter of days. When you are at home again, let it be your task to make known that the German people, in spite of all its victories, still retained sufficient strength to take its destiny into its own hands and this time to keep it there. Let your aim be to make known that the German people, in this, its time of greatest need, which is also the proudest period of its history, instinctively casts its eyes across the water, looking for help.” (p. 155)*

* Jamie McSpadden kindly contributed his substantial expertise on modern German history to this post. Jamie is a Visiting Postdoctoral Fellow at the German Historical Institute in Washington, DC.

 

Bibliography & Further Reading

Ketchum, J. Davidson. Ruhleben: A Prison Camp Society. With a Foreword and Postscript by Robert B. MacLeod. Canada: University of Toronto Press, 1965. Foreword (Ithaca, NY, April 1964)

In Ruhleben: Letters from a Prisoner to His Mother. Edited and with an introduction by Douglas Sladen. Including “Civilian Prisoners: the Case for a Wholesale Exchange” by Sir Timothy Eden. London: Hurst and Blackett, Ltd. Paternoster House, E.C., 1917.

Stibbe, Matthew. British civilian internees in Germany. The Ruhleben camp, 1914-18. Manchester and New York: Manchester University Press, 2008.

 Marissa Grunes is a PhD candidate in English Literature at Harvard University, focusing on transatlantic literature of the late 19th and early 20th centuries. Her dissertation project explores frontier architecture in 19th century poetry, fiction, and non-fiction of the United States.

Book Talk: Written in Stone: Public Monuments in Changing Societies, Wednesday, November 14 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of the Twentieth Anniversary Edition of Sanford Levinson’s Written in Stone: Public Monuments in Changing Societies (Duke Univ. Press, Oct. 5, 2018).  Sanford Levinson is the W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair in Law at the University of Texas Law School and Visiting Professor of Law at Harvard Law School.  Professor Levinson will be joined in discussion by Boston Globe Columnist Jeff Jacoby; Randall L. Kennedy, Michael R. Klein Professor of Law at Harvard Law School; and Bruce Mann, Carl F. Schipper, Jr. Professor of Law at Harvard Law School.

Wednesday, November 14, 2018, at noon
Harvard Law School WCC Milstein West B (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Written in Stone poster

About Written in Stone: Public Monuments in Changing Societies

“From the removal of Confederate monuments in New Orleans in the spring of 2017 to the violent aftermath of the white nationalist march on the Robert E. Lee monument in Charlottesville later that summer, debates and conflicts over the memorialization of Confederate “heroes” have stormed to the forefront of popular American political and cultural discourse. In Written in Stone Sanford Levinson considers the tangled responses to controversial monuments and commemorations while examining how those with political power configure public spaces in ways that shape public memory and politics. Paying particular attention to the American South, though drawing examples as well from elsewhere in the United States and throughout the world, Levinson shows how the social and legal arguments regarding the display, construction, modification, and destruction of public monuments mark the seemingly endless confrontation over the symbolism attached to public space.

This twentieth anniversary edition of Written in Stone includes a new preface and an extensive afterword that takes account of recent events in cities, schools and universities, and public spaces throughout the United States and elsewhere. Twenty years on, Levinson’s work is more timely and relevant than ever.” — Duke University Press

More About Written in Stone: Public Monuments in Changing Societies

“Sanford Levinson has written a wonderfully wise and informed essay on the issue of how we commemorate the past when the past keeps on changing.” — Nathan Glazer, author of, We Are All Multiculturalists Now

“Much has been written about the controversy over public presentations of history, but rarely has the question of how to memorialize our past received the thoughtful, incisive, and fair-minded analysis provided by Sanford Levinson.” — Eric Foner, author of, The Story of American Freedom

Sanford Levinson

 

 

 

Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair in Law at the University of Texas Law School and Visiting Professor of Law at Harvard Law School

 

Jeff Jacoby

 

 

 

Boston Globe Columnist Jeff Jacoby

 

 

Randall Kennedy

 

 

 

 

Randall L. Kennedy, Michael R. Klein Professor of Law at Harvard Law School

 

Bruce Mann

 

 

 

 

Bruce Mann, Carl F. Schipper, Jr. Professor of Law at Harvard Law School.

Scanning Nuremberg: IMT prosecution documents on persecution of the Jews, Germanization, and NSDAP Leadership Corps

Post by Matt Seccombe, November 3, 2018

During October I covered the IMT prosecution documents on the persecution of the Jews (a phrase that the prosecutors noted was far short of the reality), Germanization, and the first material on the Leadership Corps of the NSDAP [National Socialist German Workers Party], amounting to 157 documents and 663 pages of material. The prosecution detoured from counts 3 and 4 (war crimes and crimes against humanity) to the criminal organizations without any explanation, and will detour back to the plundering of artworks before moving on to the next organization (the Cabinet). For the IMT generally, we now have just over 1200 documents analyzed.

Documentary surpluses and deficits: When the Nuremberg trials staff sorted out the sets of documents for distribution, the folders on the Leadership Corps sent to HLS included a bonus: an extra copy of the trial indictment and an extra copy of the brief on the Corps. What HLS did not receive was a copy of the first document book on the Corps (the other document books are present). All things considered, I would have traded in the duplicates for that document book.

The extermination of the Jews: While official secrecy was maintained, within the regime the extermination of the Jews became explicit policy quickly, both as a military measure and as an end in itself. In Poland Hans Frank was concise: “We must annihilate the Jews.” By June 1943, one report noted that the “special treatment” of the Jews “requires no further discussion,” but some of the tactics were shocking to some people in the regime, such as the removal of dental gold from Jewish prisoners. Also, locking suspected partisan families inside barns and burning them alive “is not worthy of the German cause and hurts our reputation severely.” One paradoxical point in the report was that the atrocities were so extreme that if news of them got out, people “simply would not be ready to believe it.” Finally, in August 1944, Adolf Eichmann matter-of-factly summed up what the SS had done in a talk with a colleague, who recorded it in an affidavit: Four million Jews in the death camps, two million by the einsatzgruppen and similar actions; six million dead.

Germanization: This program had two sides, one to render the occupied territories useful to Germany and the second to gather in all Europeans of “Germanic blood” to the homeland. Frank stated the first task regarding Poland: “Poland shall be treated as a colony, the Poles shall be the slaves of the Greater German World Empire.” Himmler summed up the latter task in 1940: “to create an order of good blood.”

Hitler’s feast: The prize possession of the empire, of course, was to be the Soviet territory. In July 1941 Hitler assumed the military conquest would be swift, and he outlined for his generals a plan to dominate, administer, and exploit the resources, natural and human. What remained, he said, was “the task of cutting up the giant cake according to our needs.”

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.

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