Red Baron likes guided tours with a historical flair. From time to time, the
local newspaper Badische Zeitung offers those to its readers.
I
participated
in the last guided tour on March 11, 2020, before all social activities stopped due to the pandemic. I attended the
first one last week on July 8, 2021, following easing steps in Germany, given
the presently low corona incidence rates.
I had not far to walk. The
tour, guided by
Detlev Fischer, a Professor emeritus and specialist in the history of law, took place in
Freiburg's suburb Wiehre, where I live.
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The photo shows the guide and the participants keeping distances.
Instead of my cane, I had an umbrella on me (©Michael
Bamberger/BZ)
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We stood in front of several buildings where Freiburg law professors had
lived. These names do not mean much to a physicist, so I concentrated on the
historical context Professor Fischer deployed.
A central theme of
the tour was the persecution of Jewish jurists under National Socialism. The
Nazis did not even stop at respected professorial families.
Otto Lenel, a world-renowned expert on Roman law at Freiburg University and honorary
citizen, lived on 3 Holbeinstrasse. In 1933, he was already over 80 years old
and emeritus, but his daughter, a nurse, lost her job due to her Jewish
descent. Embittered, Lenel died in 1935. In 1940, the Nazis deported his
widow, Luise, at the age of 80, to the camp in Gurs. She died while still in
transit.
The antitrust lawyer and professor
Robert Liefmann
lost his chair in 1933, remained in Freiburg, and was deported to Gurs in 1940
too, where he died six months later. The Gestapo, the Nazi Secret State
Police, confiscated Liefmann's house on 33 Goethestraße and perfidiously used
it for their purposes.
Then we stood in front of the
Juristenvilla
(jurist mansion) on Lugostraße, where Fischer explained that four professors
had lived there, some supporters, others opponents of the Nazi regime.
When the name Maunz fell, I suddenly was wide awake. Maunz, that name hit a
buried bell.
Our guide told us that
Theodor Maunz
specialized in administrative law and had been a keen adherent of the Nazi
regime throughout his career. When I remarked that the Nazi government had
eliminated existing federal and local organizational structures from the
beginning, Fischer nodded. The new rulers replaced these structures with
Gaue (districts) forced into line centrally. So it came as a sort of
surprise that in 1957, at the end of his academic career, Maunz became the
Bavarian Minister of Culture.
Suddenly the bell started to ring.
Yes, I remember the name when I was busy with my doctoral thesis in Munich at
the beginning of the sixties.
How could a man entangled in
Germany's darkest past become a minister in the State of Bavaria after the
war? I was perturbed and had a closer look at Maunz's biography.
Theodor
Maunz was born in Dachau (!) near Munich in 1901. Following his law studies at
Munich University, he habilitated in 1932 and became a private lecturer at the
law faculty for German imperial, state, and local administrative law. After
the National Socialists' "seizure of power," he joined the NSDAP and the SA in
1933.
Maunz immediately chummed up with the new rulers when he
wrote, "The idea that the purpose of administrative justice is to protect the
sphere of freedom of the individual against measures of the state
administration may have justification in the liberal state. In the National
Socialist state, this must be eliminated."
Consequently, Maunz was
appointed full professor of law in Freiburg in 1937. He wrote in his work
Administration, "The idea of separation of powers is a weakening of the
Volksgemeinschaft
(national community). It seemed to be the best guarantor of the idea of civil
liberty. With the advent of a single bearer of the
Volksordnungs (people's order's) will and action, the separation and
inhibition of the powers are overcome ... Within the people's order, the
powers are united in the person of the leader; they have thus become a true
total power, the Führer's power."
Whoever thought that after the
Second World War, Maunz, as an old Nazi, would no longer be able to set foot
in his trade was mistaken. He took part in the constitutional assembly to
draft the new German constitution, the Basic Law, at Herrenchiemsee. He also wrote the fundamental commentary on the Basic Law, together
with, among others, his student, the later Federal President
Roman Herzog.
When Maunz's Nazi past was gradually revealed, he resigned as
Bavarian minister in 1966.
Only after he died in 1993 did it come to light that Maunz, under a pseudonym, had still been writing articles for the right-wing extremist Nationalzeitung.
In the same year, his former student Herzog stated, "Maunz was certainly
one of the dominant constitutional lawyers of the Federal Republic of Germany
after 1948/49; one can also say that he helped shape the democratic
constitutional law of the Federal Republic."
How can a person
having rejected the separation of powers as a teaching professor suddenly
become an advocate of one of the bases of our constitution?
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