Friday, 14 March 2008

Academics, titles, Germans, and Nazis (oh my!)

Tyler Cowen notes a recently-changed German law (previously shared over on the right and also noted by James Joyner) that made it illegal for anyone with a doctorate from a non-E.U. university to call themselves a doctor.

As someone who’s discussed academic titles excessively in the past, I found this turn of events somewhat interesting, but I found this part of the original WaPo piece more noteworthy:

Under a little-known Nazi-era law, only people who earn PhDs or medical degrees in Germany are allowed to use “Dr.” as a courtesy title.

The law was modified in 2001 to extend the privilege to degree-holders from any country in the European Union. But docs from the United States and anywhere else outside Europe are still forbidden to use the honorific. Violators can face a year behind bars. ...

The German doctor rule has been in effect since the 1930s, but it has been only sporadically enforced in recent years.

That changed last fall, when an anonymous tipster filed a complaint with federal prosecutors against seven Americans at the prestigious Max Planck Society, which operates 80 scientific research institutes across Germany. Federal authorities forwarded the complaint to prosecutors and police in at least three states, who decided to take action.

Shouldn’t all of the laws passed under Nazi rule have been repealed anyway, either during the postwar occupation or the subsequent transfer of sovereignty to the Federal Republic in the west? One wonders what other oddities emanating from Hitler’s Reichstag are lurking in modern German law.

3 comments:

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[Permalink] 1. Steven Taylor wrote @ Fri, 14 Mar 2008, 11:25 am CDT:
Shouldn’t all of the laws passed under Nazi rule have been repealed anyway, either during the postwar occupation or the subsequent transfer of sovereignty to the Federal Republic in the west?

I had a similar reaction.

 

This is quite an oddity indeed, but I wonder: Is it possible, as a practical administrative matter, to repeal “all the laws” passed under a replaced regime?

I imagine there could be lots of laws on the books that are similarly odd (and not only in Germany), but that have been non-issues. Just speculating.

 

Between 1866 and 1990, Germany experienced at least six “changes of regime”, so starting completely from scratch was never an option. The civil code (“Bürgerliches Gesetzbuch”) came into force in 1900. The penal code even goes back to 1868/1870, i.e. it was in already in place before the Empire existed. While German laws (like laws in other countries) are constantly revised, the Federal Constitution (in place since 1949) stipulates that all laws enacted before 1949 remain in force, if they do not violate the principles of the constitution. Rather charmingly, this even applies to decrees issued by the short-lived revolutionary council (a Soviet!?!) that ruled Germany in the winter of 1918/1919. The downside is that many judgements and laws that were passed under the Nazis had to be challenged in court before they were finally repealed.

 
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