Sunday, August 5, 2018

Dinesh D'Souza's new movie "Death of a Nation" popularizes research by James Q. Whitman of Yale

Published in early 2017, Yale Law School said of the book at the time:

"[T]here is much evidence of deep Nazi engagement with American race law in the early 1930s—too much to ignore."

A reviewer for Inside Higher Ed here was clearly disgusted with what he had learned from the book:

Many people will take the very title as an affront. But it’s the historical reality the book discloses that proves much harder to digest. The author does not seem prone to sensationalism. ...

Hitler’s American Model is scholarship and not an editorial traveling incognito. Its pages contain many really offensive statements about American history and its social legacy. But those statements are all from primary sources -- statements about America, made by Nazis, usually in the form of compliments. ...

A stenographic transcript from 1934 provides Whitman’s most impressive evidence of how closely Nazi lawyers and functionaries had studied American racial jurisprudence. A meeting of the Commission on Criminal Law Reform “involved repeated and detailed discussion of the American example, from its very opening moments,” Whitman writes, including debate between Nazi radicals and what we’d have to call, by default, Nazi moderates.

The moderates insisted on stare decisis:

The moderates argued that legal tradition required consistency. Any new statute forbidding mixed-race marriages had to be constructed in accord with the one existing precedent for treating a marriage as criminal: the law against bigamy. This would have been a bit of a stretch, and the moderates preferred letting the propaganda experts discourage interracial romance rather than making it a police matter. The radicals were working from a different conceptual tool kit. ...

The lawyers whom Whitman identifies as Nazi radicals seemed to appreciate how indifferent the American states were to German standards of rigor. True, the U.S. laws showed a lamentable indifference to Jews and Gentiles marrying. But otherwise they were as racist as anything the führer could want.