A Legal View of Iconoclasm. New Ideologies and Overturning Existing Legal Orders: Legal Iconoclasm in Germany

Jessurun d’Oliveira, Hans Ulrich

European Review, 2022, vol. 30, issue S1, S6-S24

Abstract: Slightly metaphorically, this article deals with the subsequent waves of dramatically different ideologies and their impact on existing value-systems. The transition from one prevalent legal system to another, laden with central notions at variance with the previous one, destroys the old order to build up a new order. An example is taken from the modern history of Germany: starting from the Weimar Republic, through to the Third Reich with its Nazi-ideology, to the division into the democratic Federal Republic and the socialist-communist German Democratic Republic and their reunion in 1990. This article depicts the strategies put into place to accomplish and implement subsequent iconoclasms, and sketches successes and failures. Each iconoclasm finds its origins in the previous legal system and leaves its traces in the next one.

Date: 2022
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