. ©MAZAL LIBRARY

NMT03-T0252


. NUERNBERG MILITARY TRIBUNAL
Volume III · Page 252
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D. Expert Opinion by Defense Witness Professor Jahrreiss concerning the Development of German Law 
 
EXTRACTS FROM THE TESTIMONY OF DEFENSE WITNESS PROFESSOR JAHRREISS* 
 
DIRECT EXAMINATION 
 
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  
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*Complete testimony is recorded in the mimeographed transcript. 25 and 26 June 1947 pages 4253-4364.
 
 
 
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