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The Third Walpurgis NightThe Complete Text$
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Karl Kraus

Print publication date: 2020

Print ISBN-13: 9780300236002

Published to Yale Scholarship Online: September 2020

DOI: 10.12987/yale/9780300236002.001.0001

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Where Lawlessness Makes Law Its Instrument

Where Lawlessness Makes Law Its Instrument

(p.213) 28 Where Lawlessness Makes Law Its Instrument
The Third Walpurgis Night

Karl Kraus

Yale University Press

This chapter talks about how certain irregularities appear in a different light the moment they are weighed against the administration of justice. According to guidelines established by the chief judge of a regional court and published in the Deutsche Juristenzeitung, a series of actions such as bodily harm, wrongful detention, and manslaughter are to be “determined by the national interest.” Consequently, these are exempt a priori from presumption of culpability, whereas hitherto the criminal proceedings first had to be quashed. There will be no repetition of the devious stratagem applied in the case of the Potempa murderers, whose lives hung by a thread while their official careers were set back by several months. What is required of judges is a certain independence when interpreting the law, to prevent them from going astray on such an important matter.

Keywords:   lawlessness, law, justice, national interest, culpability, criminal proceedings, judges

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