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| D. Expert Opinion by Defense
Witness Professor Jahrreiss concerning the Development of German
Law |
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| EXTRACTS FROM THE TESTIMONY OF
DEFENSE WITNESS PROFESSOR JAHRREISS* |
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| DIRECT EXAMINATION |
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DR. SCHILF (counsel for defendants Klemm and
Mettgenberg): Professor Jahrreiss, may I ask you to tell us your name, your
profession, and your residence.
WITNESS JAHRREISS: Professor at Cologne
University; at present on the staff of editors of the record of IMT. Do you
also wish me to name my residence, Counsel?
Q. Yes.
A. At this
time, in Nuernberg. I was born at Dresden; the date of birth is 19 August 1894.
Q. So that I can afford the Court the opportunity to acquaint itself
with your particular research field, may I ask you briefly to describe to us
your field of research as professor of law.
A. My work since 1923 has
dealt with the fields of constitutional law, international law, and the law by
the League of Nations. general constitutional law, and philosophy of law.
Q. May I ask you, just by way of example, to mention your own
publications those of a scientific nature.
A. Well, that is
rather a lot; but publications which concern this subject here, I could mention
Law and Calculability, on the foundations of law and state;
another publication on The Relation of the Constitution of the Reich to the
League of Nations; then in the textbook which Anschuetz and Thoma edited on
German Constitutional Law, my work about The Equality of the Citizens before
the Law; and above all, my own version of The German Constitutional
System, of the year 1930.
Q. Concerning the first problem, the
German constitutional law. that is the subject on which I wish to start. My
first question will open the direct examination. Is it correct that Hitler in
the order of the so-called Third Reich was the supreme law giver?
A.
Yes, that is correct, although that was not so from the very beginning of that
era. That only happened in the course of events. But at the latest, if you'd
like me to mention a date, that occurred |
__________ *Complete testimony is
recorded in the mimeographed transcript. 25 and 26 June 1947 pages 4253-4364.
252 |