Vichy law and the Holocaust in France

목차 (Table of Contents)

• CONTENTS
• Foreword = xv
• Preface = xviii
• Introduction : On the Continuing Myth of Vichy = 1
• 1. L$$\acute e$$on Blum, The "Stranger" at Riom : Legalized Ostracism and Vichy's Political Trial = 6
• A. Morality and Law : the Justification for Riom = 11
• 1. Constitutional Reform as an Exclusionary Process = 11
• 2. L$$\acute e$$on Blum as Perfect Target = 14
• B. Setting the Stage for a Morality Play = 16
• 1. Blum contra the Supreme Leader = 16
• 2. Barth$$\acute e$$lemy's Prideful Intervention = 22
• C. The Preliminary Investigation : Blum as Talmudic Interloper = 24
• D. The Trial Itself : A Failure of "Liberal/Catholic" P$$\acute e$$tainisme = 30
• E. Blum in Hell = 36
• 2. The Basic Scheme of Ostracism = 37
• A. The Vichy Statute of 3 October 1940 = 37
• 1. Nazi Indifference; Vichy Innovation = 37
• 2. To Protest or Not to Protest : Reception of the 3 October Statute by Lawyers Outside the Government = 47
• B. The Vichy Statute of 4 October, 1940 = 56
• C. The Law of 2 June, 1941 : Extension and Expansion = 58
• 1. Innovations as to Mischlinge and Mischehe = 58
• 2. Franco-German Understandings as to Whose Law Controls from Definition to Arrest and Deportation = 61
• 3. Application of Vichy's Definitions within the French Legal Structure = 66
• 3. The Special Treatment of Jewish Legal Professionals = 82
• A. Summer and Fall 1941 : Laws of Exclusion, Special Arrests = 82
• B. Subsequent Arrests of Legal Professionals = 95
• C. Vichy Policy towards Jews Providing Legal Services = 100
• 4. Barth$$\acute e$$lemy : A Catholic Prewar Liberal Is Called to Vichy = 113
• A. From Alibert to Barth$$\acute e$$lemy = 117
• B. A Racist Constitution? = 127
• C. An Authoritarian France = 139
• D. Barth$$\acute e$$lemy and the R$$\acute e$$gime's Special Legislation = 146
• E. The Final Days = 157
• 5. The Fight to Control the Legal Fate of Jews : Administrators versus Magistrates = 159
• A. Who Has the Burden of Proof? Conflicting Views = 162
• B. Who Has Jurisdiction? = 178
• C. The Conseil d'$$\acute E$$tat's Reorganization for Exclusion = 190
• D. The Post-Liberation Fate of the Magistrates = 193
• 6. Out-Naziing the Masters = 196
• A. How Seriously Should the Baptismal Act Be Taken? = 200
• B. Are Mosaic Georgians Jewish? Are Sepharadim Christian? Franco-Nazi Disputes about Eth$$\acute n$$ic Groupings and the Religious Laws = 214
• C. Mixed Heritage and Mixed Marriage as and Element in Ultimate Religious Persecution = 228
• D. Law and Pillage : Keeping Pace(at a Minimum) with the Occupiers = 236
• 7. Property Law = 241
• A. Landlord-Tenant Relations Under the Exclusionary Roof = 241
• B. Aryanizing Jewish Property by Operation of Law = 250
• C. Landlord-Tenant Law : Commercial Properties = 256
• D. Regulating the Economy, Subject by Subject = 265
• 1. Banking = 265
• 2. Corporate Law = 269
• 3. Gratuitous Transfers = 272
• a. Gifts Inter Vivos = 272
• b. Legacies or Intestate Property = 274
• c. Community Property = 277
• E. The Administrateur Provisoire under a Microscope = 281
• 8. The Professional Lives of Private Lawyers = 293
• A. Collective Associations of Legal Professionals = 294
• 1. Removal of Jews from Practice = 296
• a. Xenophobia : The Law of 10 September 1940 = 296
• b. Ostracism : The Numerus Clausus for Jewish Lawyers = 300
• 2. The Bar's Relationship to the Germans = 312
• 3. Charpentier, the Paris Bar, and Non-Quota Issues Relating to Jewish Lawyers = 313
• a. The Wearing of the Star of David = 313
• b. Lawyers in Drancy = 315
• B. Fighting Barth$$\acute e$$lemy, Laval and Gabolde = 317
• C. Individual Legal Lives = 320
• 1. Advocacy in the Face of Deportation = 320
• 2. Lawyers as Informants = 325
• 3. Day-to-Day Practice = 327
• a. Practitioners in Frequent Contact with CGQJ = 328
• b. Related Work of Notaries = 335
• c. The Files of Maurice Garcon = 338
• (1) The Defamation Cases = 339
• (2) Early Cases Involving the New Legislation = 341
• (3) Researching Questions of Religious Definition = 344
• (4) 1941-42 : Riom and Less = 349
• (5) Towards the Liberation and Beyond = 352
• 9. Reforming the Courts, Reforming the Law : Denationalization, Special Sections, et al. = 355
• A. Denatiuralization for Death = 356
• B. Franco-French Legal Reform Projects = 370
• 1. Reforming the Courts = 372
• 2. The Sections Sp$$\acute e$$ciales = 376
• C. The Case of Out-of-Wedlock Children = 380
• 10. Why Lawyers Underperformed : Xenophobia, Catholicism, and the Talmudic Outsider = 386
• A. Clearing the Ground : Neither Positivism nor Carl Schmitt = 390
• 1. Neither the Statutes On Their Own Nor "Positivistic" Responses to Them Dictated Legal Outcomes = 390
• 2. Nazi "Authoritarian Racism" With a Difference = 399
• B. The Choice of Vichy Academicians : Stressing Religious, not Racial, Otherness = 402
• 1. Modifying, Without Eliminating, the 150-Year-Old Story = 402
• 2. The Dominant Strategy : Depicting the Jew as Legalistic Other = 406
• a. Why the Jew can be "Read Out" of Basic Law = 406
• b. Explaining the Pro-Jewish Outcomes = 413
• C. Contemporary Christian Discourse about Jewish Legal Problems = 417
• 1. Church-State Relations and Religious Persecution = 417
• 2. Two Catholic Lawyers : L$$\acute e$$on B$$\acute e$$rard and Cardinal Gerlier = 421
• 3. Blurred Vision, Distorted Texts = 426
• Selected Bibliography = 431
• Appendix = 437
• Constitutional Law = 437
• Constitutional Acts Promulgated by Vichy = 437
• Statutes, Ordinances, and Decrees = 437
• Cases = 438
• Index = 439