On the Problem of Authentic Legality on Some Examples of Laws of the 20th Century

The paper examines the historical aspects of the development of legality in the legislation of Nazi Germany, militarist Japan, and the Khmer Rouge regime in Cambodia. It is noted that the understanding of legality through the conceptual series “principle — method — regime — state”, as well as the concepts of the idea of formal legality, legal legality, constitutional legality, situational legality are currently no longer always able to fully reflect the essence of legality as a legal category. The article shows that the legislators of Nazi Germany, militarist Japan, and the communist regime of the Khmer Rouge in Cambodia created a regime of quasi-legality, and their activities on formally legal grounds became one of the most famous examples of war crimes and genocide in the world history of the 20th century. In this regard, the author proposes the concept of authentic legality, which should contribute to the further development of ideas about legality.

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Publication Details

Journal
HISTORY OF STATE AND LAW
Published
2024-11-21
DOI
https://doi.org/10.18572/1812-3805-2024-11-34-41
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

On the Problem of Authentic Legality on Some Examples of Laws of the 20th Century

Aleksey V. Akhmatov
HISTORY OF STATE AND LAW
Legal and Policy Issues
article

On the Problem of Authentic Legality on Some Examples of Laws of the 20th Century

Aleksey V. Akhmatov
article en

Abstract

The paper examines the historical aspects of the development of legality in the legislation of Nazi Germany, militarist Japan, and the Khmer Rouge regime in Cambodia. It is noted that the understanding of legality through the conceptual series “principle — method — regime — state”, as well as the concepts of the idea of formal legality, legal legality, constitutional legality, situational legality are currently no longer always able to fully reflect the essence of legality as a legal category. The article shows that the legislators of Nazi Germany, militarist Japan, and the communist regime of the Khmer Rouge in Cambodia created a regime of quasi-legality, and their activities on formally legal grounds became one of the most famous examples of war crimes and genocide in the world history of the 20th century. In this regard, the author proposes the concept of authentic legality, which should contribute to the further development of ideas about legality.

HISTORY OF STATE AND LAW
Openalex Percentile: Top 48%
Legal and Policy Issues
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