Language:
English
Year of publication:
2002
Titel der Quelle:
The History of Law in a Multi-Cultural Society
Angaben zur Quelle:
(2002) 123-145
Keywords:
Kasztner, Rezső Rudolf,
;
Eichmann, Adolf,
;
Agranat, Shimon,
;
Arendt, Hannah,
;
Court proceedings
;
Holocaust, Jewish (1939-1945) Influence
;
War crime trials
Abstract:
Takes the unusual approach of considering together the Kasztner trial (1954-55) and the Eichmann trial (1961) to discuss the issue of judging the Holocaust in a court of law. Compares the views of Israeli Supreme Court Justice Simon Agranat, who overturned the earlier conviction of Kasztner as a "traitor", with those of Hannah Arendt on method of judgment, objectivity in judgment, and interpretation of law. Concludes that, taken together, their ideas offer a new conception of judgment that rejects prevailing ideologies, partly by espousing that those who judge "go visit" the world of the one being judged. Such an approach leads Agranat, but not Arendt, to exonerate Kasztner. Neither, of course, exonerates Eichmann, but they have different understandings of his role within Nazi Germany. While Arendt and Agranat agree on Israel’s right to try Eichmann, they differ in their reasons.
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