Positivism, Relativism and Postwar Jurisprudence

In this paper I assess the extent to which adherence to a positivist theory of law can explain, or potentially excuse, the judicial crimes of the Third Reich. To that end it assesses both the nature of positivism in the years before and during Nazi rule, as well as the Nazi response to positivism. A draft of this paper was presented at the “Authority, Legality, and Legitimacy” Conference. The paper has been reviewed and accepted for publication in a special issue of the journal Jurisprudence. It is due to appear in the fall of 2012.