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The Impact of Race Purity Ideology and Laws of German Nazi and Former South African Apartheid Governments on Civil Rights and Human Rights of Jews and Black People in the 20th Century

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Abstract:

Title: The Impact of Race Purity Policies and Laws of German Nazi and Former South African Apartheid Governments on Civil Rights and Human Rights of Jews and Black People in the Early 20th Century.

Benedict Anderson (1991) theorizes that national identities and communities are "imagined" and therefore they can be deconstructed and "re-imagined". This paper addresses the hegemonic structures of "imagined" national identities and elements of resistance. It is about ways national policies, decrees and laws construct racially "pure" citizens. Specifically, it is a study of the laws and decrees that legalized racism and nationalism under the German Nazi government and the ex-apartheid government of South Africa, and how current legislation and normative notions of nation and citizenship still draw from race purity ideologies behind these laws.
In both cases, the core laws were those against mixed marriages and sexual intimacy between Germans and Jews, as well as between whites and nonwhites, and the laws providing for exclusive citizenship based on the concept of "pure blood". It does so by comparing two clusters of national policies and laws. Altogether, a total of sixty-five German Nazi laws and decrees from April 1933 to the Nuremberg Declaration of September 1935, and South African apartheid legislation, from the ascension to power of the Nationalist Party (Nats) in 1948 until the beginning of anti-apartheid era in the 1990s. At the focus of this study are the Nuremberg Declaration, the1949 Prohibition of Mixed Marriages Act, the 1950 Immorality Amendment Act and the 1957 Immorality Act; and current legislation in the areas of family, health, housing, education, labour, veto rights, property rights, business ownership, criminality, and media in both countries.
A central aspect of the Nuremberg Declaration, and the South African 1949 Prohibition of Mixed Marriages Act, the 1950 Immorality Amendment Act and the 1957 Immorality Act is the maintenance of "white racial purity". Key to this argument is that racist policies and legislation reflect and shape national attitudes toward the creation of racial hierarchies whereby "deviant" citizens enjoy fewer rights and benefits of membership in the nation than do "normative" white citizens.
The mobilization of the South African Nationalist Party (Nats) power in the 1930s and 1940s was centred around an ideology of "race purity" which had close affinities with that of Nazism in Germany (Mzimela, 1983; Bunting, 1986). These national policies, decrees and laws in both countries during the 1930s and 1940s also partake in an overt regulation of sexual morality. In both cases, analysis of national policies, decrees and laws reveals that the definition of "sexual morality" is based on the construction of sexuality of Jewish people under Nazism, and that of nonwhite women and men as excessive, animalistic, and exotic in contrast to the ostensibly restrained and therefore "civilized" sexuality of white women and men.
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MLA Citation:

Folson, Rose Baaba. "The Impact of Race Purity Ideology and Laws of German Nazi and Former South African Apartheid Governments on Civil Rights and Human Rights of Jews and Black People in the 20th Century" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p117207_index.html>

APA Citation:

Folson, R. , 2004-05-27 "The Impact of Race Purity Ideology and Laws of German Nazi and Former South African Apartheid Governments on Civil Rights and Human Rights of Jews and Black People in the 20th Century" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois <Not Available>. 2009-05-26 from http://www.allacademic.com/meta/p117207_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Title: The Impact of Race Purity Policies and Laws of German Nazi and Former South African Apartheid Governments on Civil Rights and Human Rights of Jews and Black People in the Early 20th Century.

Benedict Anderson (1991) theorizes that national identities and communities are "imagined" and therefore they can be deconstructed and "re-imagined". This paper addresses the hegemonic structures of "imagined" national identities and elements of resistance. It is about ways national policies, decrees and laws construct racially "pure" citizens. Specifically, it is a study of the laws and decrees that legalized racism and nationalism under the German Nazi government and the ex-apartheid government of South Africa, and how current legislation and normative notions of nation and citizenship still draw from race purity ideologies behind these laws.
In both cases, the core laws were those against mixed marriages and sexual intimacy between Germans and Jews, as well as between whites and nonwhites, and the laws providing for exclusive citizenship based on the concept of "pure blood". It does so by comparing two clusters of national policies and laws. Altogether, a total of sixty-five German Nazi laws and decrees from April 1933 to the Nuremberg Declaration of September 1935, and South African apartheid legislation, from the ascension to power of the Nationalist Party (Nats) in 1948 until the beginning of anti-apartheid era in the 1990s. At the focus of this study are the Nuremberg Declaration, the1949 Prohibition of Mixed Marriages Act, the 1950 Immorality Amendment Act and the 1957 Immorality Act; and current legislation in the areas of family, health, housing, education, labour, veto rights, property rights, business ownership, criminality, and media in both countries.
A central aspect of the Nuremberg Declaration, and the South African 1949 Prohibition of Mixed Marriages Act, the 1950 Immorality Amendment Act and the 1957 Immorality Act is the maintenance of "white racial purity". Key to this argument is that racist policies and legislation reflect and shape national attitudes toward the creation of racial hierarchies whereby "deviant" citizens enjoy fewer rights and benefits of membership in the nation than do "normative" white citizens.
The mobilization of the South African Nationalist Party (Nats) power in the 1930s and 1940s was centred around an ideology of "race purity" which had close affinities with that of Nazism in Germany (Mzimela, 1983; Bunting, 1986). These national policies, decrees and laws in both countries during the 1930s and 1940s also partake in an overt regulation of sexual morality. In both cases, analysis of national policies, decrees and laws reveals that the definition of "sexual morality" is based on the construction of sexuality of Jewish people under Nazism, and that of nonwhite women and men as excessive, animalistic, and exotic in contrast to the ostensibly restrained and therefore "civilized" sexuality of white women and men.

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