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4.0 ★★★★★
Based on 29 reviews
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★★★★★ 5
Much Better than its Title.
Format: Hardcover
The author, Professor of Comparative and Foreign Law at the Yale Law School, tells us in the Acknowledgments that Princeton U. Press received from some of its referees "suitably bilious responses", validating his decision to bypass commercial publishers. Still, James Q. Whitman assures us time and again that he has nothing nefarious in mind, that Hitler's extermination ideology was not made in the USA, as the title may suggest. Instead, he brings to light the keen scholarly interest nationalist and Nazi German jurists took in contemporary American race legislation and Jim Crow practices. By separating the racist dimension of the "American Legal Realism" of the 1930s from its larger liberal context, Whitman arrives at the true nexus with its German counterpart. The " 'realists' of both countries shared the same eagerness to smash the obstacles that 'formalistic' legal science put in the way of 'life' and politics - and 'life' in both New Deal America and Nazi Germany did not include only economic programs (...). 'Life' also involved racism." (p. 156) The author's familiarity with both, the German and American legal landscapes of the 1930s and 40s and his painstakingly sober analysis, assure this reader that the book is exactly NOT "spellbinding and haunting", as one dust-cover reviewer sees it.
The topic could be embedded in the larger history of the American eugenics movement, so carefully illuminated by Christine Rosen (Preaching Eugenics (Oxford, 2004) who cites this opinion of the great Oliver Wendell Holmes, abbreviated in our book: "It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. Three generations of imbeciles are enough." (p.150)
As contemporaries of the Trump era, we may want to stop and reflect on Whitman's somber conclusion "(...) To have a common-law system like that of America is to have a system in which the traditions of the law do indeed have litte power to ride herd on the demands of the politicians, and when the politics is bad, the law can be very bad indeed." (p.159) Professor Whitman summarizes his interpretation of recent literature that support his thesis as follows: "All of these works paint a darker picture of early twentieth-century American intellectual and political life than we might wish. So does this book." Makes it a timely one, doesn't it ?
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Reviewed in the United States on March 10, 2017
★★★★★ 5
Essential reading for a fuller and more accurate comprehension of American history
Format: Hardcover
I'm not in the habit of writing reviews, but I strongly recommend Hitler's American Model as critical reading for our political moment, especially given the conversations about racism, antisemitism, and white supremacy that the Trump administration and Charlottesville have bought to the fore. It's imperative that we understand the depth of racism integral to American policy making and execution. Numerous European countries recognized America as the world's leader in racist legislation, and American immigration, naturalization, and antimiscegenation law influenced the Nazi legislators who crafted the Nuremberg Laws. They did not import American legal policy and praxis wholecloth, but studied it deeply as a precedent for not just a race-based, but a racist, system of laws that privileged the "master race" over the inferior dilutors of that race--in the Nazi case, the Jews. American exclusion and criminalization of non-white people proffered a blueprint of inspiration to Nazi radicals, who engaged intimately with it in the hopes of carrying it out to its logical extent: an openly racist legal system that drove out the racially decrepit to foster a pure Aryan state.
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Reviewed in the United States on August 29, 2017
★★★★★ 5
America's Fascist Governments
Format: Hardcover
"Love it" is not the correct phrase for how I related to the book.
An important book for which I am thankful sobered and shamed by the book, better express my feelings.
America to our lasting shame was the Mid-Tewentith Century global leader in the law of racial disenfranchisement & suppression despite our constitution to the contrary. That we were one model for Nazi race law is an abomination, a stain we can never remove.
Professor Whitman though is generous to America, and this old, white, Tennessean, believes incorrect, when he states (p. 145) that the Nazi's went beyond American racism by creating, "...something different: the "organization of a fascist state"." The author is correct that the United Staes of America was itself not a "fascist state". However, within the United States, at least at the county level, governments existed and were tolerated by the federal government, that were indeed fascist in all but name. One-party county governments based on white supremacy and dedicated to maintaining white rule, black poverty & political powerlessness, racial purity & separation, at any cost including murder, existed in the South, in Tennessee, long before Hitler. These Southern county governments were very effective police states that employed government led white terror to control African Americans. White terrorists county governments they were. Fascist they were. Americans organized fascist local governments long before Germans organized on a national scale and streamlined their murder machine. Americans fascists killed fewer, but kill they did.
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Reviewed in the United States on October 27, 2017
★★★★★ 3
Impressive sources, sophomoric writing.
Format: Kindle
Should everyone read this book? Certainly. But the writing is too poor for me to offer an enthusiastic four or five star recommendation. I'm surprised an editor did not clean this up so that the book could live up to its eye-opening content.
This already short book has quite a lot of distracting, repetitive padding. Symbolic of this is the use of the phrase "of course" - it appears thirty times.
More repetition appears in the author's needless (and, I would say, presumptuous) dwelling on the reader's emotional reactions to the content of the book: the idea that America might have influenced the Nazis is "too awful to contemplate," and "is sure to seem distressing," and "hard to digest," and "no one wants to imagine" it, and "none of this is entirely easy to talk about," and "it is hard to look coolly on the question," and "it is hard to admit," and "no one wants to be perceived as relativizing," and "no non-Germans want their country to be accused," and "it is hard to overcome our sense that..." and "painful though it may be for us to admit..." and "awful it may be to contemplate," and "the story of American influence...is certainly depressing," and so on and so forth. Nevertheless, "To be sure, we must keep our composure..."
This repetition gets exhausting in a single 56-word sentence invoking the phrases "true nefandum...abyss of unexampled modern horror...sui generis radical evil...a sort of dark star."
More padding appears in the author's concern with arguing against weak positions: "We can, and should, reject the sort of simple-minded anti-Americanism..." "It would be a mistake to draw overblown conclusions..." Well, yes, simple-minded anything is to be rejected, as are overblown conclusions about anything. But that doesn't stop the author from presenting repetitive arguments.
Additional filler that an editor should have excised is in the form of these phrases, which read like a student trying to hit a required word count in a term paper: "It is important to note that..." "In particular it is essential to emphasize..." "We must bear that fact in mind..." "It is an unpleasant truth that..." "Worthy of attention above all is..." "It is particularly noteworthy that..." "Sahm is a particularly noteworthy author..."
Finally, the author descends into a kind of bullying that indicates a lack of confidence in his own presentation: "Our literature has taken a crass interpretative track." "It is a major interpretative fallacy on the part of all these scholars..."It would be foolish and craven to minimize Nazi interest in what American law represented." "It is essential to reject once and for all the proposition that American law could not have been of interest to the Nazis." "It is simply nonsense to claim..." "Once we dispose of that dubious claim..." "There can be no justification for ignoring the evidence..." "Only a naive and pedestrian understanding of law - only a dogged refusal to face facts..." An editor should have deleted these kinds of phrases and just let the content - the documenting of Nazi interest in America law - speak for itself.
With all this rhetorical padding, the book is overpriced. Nevertheless it has value as a kind of annotated bibliography.
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Reviewed in the United States on October 14, 2017
★★★★★ 5
Thoughtful, well researched, not a "fun" read
Format: Hardcover
This was a very thoughtful look at a topic I didn't know much about. It talks about prewar anti race mixing laws and immigration laws in the USA and other laws used to strip rights from nonwhites in the USA and how those laws were studied by Nazis who wrote laws for the third reich and what they thought of each other. The author obviously put a lot of research and thought into this work but is careful not to jump to any conclusions.
This book is very dense and as someone who is not a lawyer or anything, I could follow it but I had to read it more slowly than most other nonfiction books. Still very worth picking up if you are interested in the topic, though!
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Reviewed in the United States on July 16, 2018
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