Abstract

http://ssrn.com/abstract=2007249
 


 



The Forgetfulness of Noblesse: A Critique of the German Foundation Law Compensating Slave and Forced Laborers of the Third Reich


Libby Adler


Northeastern University - School of Law

Peer C Zumbansen


Dickson Poon School of Law - King's College London

2002

Harvard Journal on Legislation, Vol. 39, No. 1, pp. 1-61, Winter 2002
Northeastern University School of Law Research Paper

Abstract:     
In August 2000, Germany’s twin houses of parliament enacted a law establishing a foundation to compensate survivors of the Nazi forced labor program. The Foundation Law was acclaimed as a victory for Holocaust survivors, despite that it sharply limits compensation amounts, denies recovery to some potential claimants, and purports to preclude further litigation of Holocaust-era claims. Proponents of the Foundation Law defended the choice to use legislation to resolve Holocaust-related claims initially brought in a judicial forum on the grounds that litigation is inherently ill-suited to that task, and justified the terms of the Law by reference to the claimants’ poor chances in the courtroom. In this article, the co-authors identify some troubling assumptions underlying these rationales and highlight the historical and political context in which they were offered.

Number of Pages in PDF File: 33

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Date posted: February 19, 2012  

Suggested Citation

Adler, Libby and Zumbansen, Peer C, The Forgetfulness of Noblesse: A Critique of the German Foundation Law Compensating Slave and Forced Laborers of the Third Reich (2002). Harvard Journal on Legislation, Vol. 39, No. 1, pp. 1-61, Winter 2002; Northeastern University School of Law Research Paper . Available at SSRN: http://ssrn.com/abstract=2007249

Contact Information

Libby Adler (Contact Author)
Northeastern University - School of Law ( email )
400 Huntington Ave.
Boston, MA 02115
United States
Peer C Zumbansen
Dickson Poon School of Law - King's College London ( email )
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom
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