Nuremberg’s Warning: When Law Legitimates Machinery Of Authoritarianism
The legacy of Nuremberg is with us once again, less as a reminder of the power of the legal system to punish those who enabled and enacted the horrors of Nazi Germany than as a warning that the spirit of Nuremberg must be reclaimed as a moral and political imperative. That spirit matters at a time when the Supreme Court is increasingly turning the law into an instrument of reactionary concentrated power, desecrating morality, crippling the foundations of democracy, and reproducing the worst dimensions of gangster capitalism. Nuremberg made clear that judges and other officials cannot use the authority of law to cover up and legitimate actions that are morally depraved and politically destructive.