Wednesday, June 13, 2018

Bazyler on the Holocaust, genocide, and law

Michael Bazyler, Fowler School of Law, Chapman University published Holocaust, Genocide, and the Law: A Quest for Justice in a Post-Holocaust World with Oxford University Press in 2016. From the publisher:
Cover for 

Holocaust, Genocide, and the Law

A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
Praise for the book, which won the 2016 National Jewish Book Award:

"Michael Bazyler has written a comprehensive and compelling study of the legal historiography of the Holocaust, the paradigm of radical evil, and of genocide, the 'crime of crimes.' This book makes a singular contribution to the pursuit of international justice, and to the prevention and combatting of mass atrocity and genocide in our time. An indispensable resource." -Irwin Cotler

"A unique and important book. Michael Bazyler presents a broad, up-to-date overview of Holocaust justice ranging from landmark criminal trials to restitution litigation to the prosecution of Holocaust deniers. He also discusses the ramifications of the Holocaust's judicial reckoning on how the world has addressed, successfully or not, contemporary state-sponsored atrocities across the globe."-Norman Goda

"Prof. Bazyler's book is different than other books on the Holocaust. He first depicts the Holocaust as 'a legal event,' arguing that it was the law, and not its absence, that became an instrument for destruction. He then analyzes current efforts to build a legal world based on what he labels 'Post-Holocaust Law.' This book is a must-read." -Dina Porat

"Bazyler deploys considerable legal expertise to underpin his first, and for readers of this Journal arguably most important thesis: that the Nazi persecution of the Jews, leading ultimately to the attempted genocide of the entire Jewish people, was carried out within a framework of law, even though this was in reality a corrupted and perverted form of pseudo-legality in which only the external forms of true legality were preserved." - Anthony Grenville

 Further information is available here.