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It is said that William Brennan, the great US Supreme Court Justice, liked to greet his incoming law clerks with a bracingly simple definition of constitutional doctrine: five votes. ›You can’t do anything around here‹, Brennan would say, wiggling the fingers of his hand, ›without five votes.‹1 While memorable, Brennan’s definition was not entirely original. Seventy-five years before Brennan’s elevation to the high court, the jurist Oliver Wendell Holmes Jr. famously wrote: ›The life of the law has not been logic; it has been experience [...]. The law […] cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.‹2 Some years later, Holmes returned to this idea, writing: ›The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.‹3 Statements such as Brennan’s and Holmes’ found elaboration in the American jurisprudential movement known as ›legal realism‹. One of its most influential and articulate exponents was the law professor Karl Llewellyn (1893–1962). Trained at Yale Law School, and on the faculty of Columbia, Llewellyn had a foot in the two institutions most prominently associated with the realist movement.
Modeled after the Soviet propaganda magazine SSSR na stroike (›USSR in Construction‹, published 1930–1941, 1949), the Japanese overseas propaganda photo magazine FRONT (1942–1945) provided visual propaganda for the so-called ›Greater East Asia Co-Prosperity Sphere‹, a concept that was proclaimed in 1940 and served to disguise Japan’s quest for hegemony in Asia. Employing the aesthetics of Russian Constructivism and Socialist Realism of SSSR na stroike, FRONT created a visual aesthetic that could be termed Japanese Co-Prosperity Realism. Its dynamic and modernistic design was a transculturally inspired practice by Japanese photographers, graphic designers, journalists and producers of visual media, some of whom had been left-wing intellectuals or had lived and worked in the Soviet Union. In a comparative perspective, this paper carves out the political, cultural and gendered semantics of the (in)visibility of power, political religion and ethnic diversity that such aesthetics entailed. It explores some of the shifting backgrounds against which photographic techniques were enacted, from their avant-garde beginnings to their application in authoritarian regimes.
Picture agencies are mediators between photographers and editorial staffs; they play a crucial role in producing mass media visibility. However, their part in the system of the visual propaganda of the Nazi state is largely unexplored. This article features a controversial case, the American Associated Press and its German subsidiary. By submitting to the Schriftleitergesetz (Editorial Control Law) in 1935, the German AP GmbH (LLC) followed its German counterparts in the process of Gleichschaltung (forcible coordination). Until the United States entered the war in December 1941, AP supplied the Nazi press with American pictures. This service proved to be of particular relevance for propaganda. AP was also allowed to continue its photographic reporting in the Reich. AP pictures taken under the aegis of the Propaganda Ministry, the Wehrmacht and the SS were ubiquitous in the Nazi press. Moreover, the New York headquarters supplied the North American press with these same pictures, where they were published either as news photos or as propaganda images.
Labour Policy in Industry
(2008)
From 1933 onwards industrial law was transformed from one which protected employees to one intended to secure the regime’s power over them. In the Third Reich the political and ideological aims of the regime - under the cloak of ‘Volk und Rasse’ (nation and race) - became the guiding principles of a new labour law. Evidence of this can be found in the destruction of trade unions, the arbitrary treatment to which non-conforming employees could be subjected, the integration of employees into the network of National Socialist institutions, the authoritarian wage policy, the rapidly vanishing significance of labour courts and the ascendancy of legal offices of the German Labour Front (Deutsche Arbeitsfront, DAF), which propagated the theory of a racist national community (Volksgemeinschaft).