Distorted Historical Images of German Jurists? On the ‘Cultures of Memory’ in Jurisprudence and Justice

Abstract

This paper discusses the influence of the two German dictatorships – the Nazi regime and the GDR – on Jurisprudence and Justice in Germany. The analysis focuses on the distortions and suppression of historical memories within these fields, highlighting the resistance to confronting the involvement of German jurists with the Nazi past after 1945. The text explores “cultures of memory” (Erinnerungskulturen), which shape how past events are remembered or forgotten, influenced by political and social changes. Rüthers argues that the continuity of functional elites and the absence of open discussion about the Nazi past in German academia contributed to the preservation of distorted historical images. The author mentions that the “spiral of silence” hindered criticism of those involved in the legal perversions of the Nazi past, perpetuating an incomplete and often misguided understanding of the role of German Jurisprudence during and after the Nazi regime. The central thesis of the article is that individual and collective memories of this period are frequently manipulated, resulting in a limited and partial understanding of historical realities.