Cunning Passages: Historiography’s Ways in and out of the Nuremberg Courtroom

Abstract

Starting out from the question of how history and law relate to each other, the article traces the influence of historical interpretations in the making of the Nuremberg Trials, taking these as examples for transitional trials more generally. In trying to explain Germany's apparently aberrant historical evolution, special-path explanations forged by historians gained in prominence after 1933. Several schools of historical thought proved particularly influential, among them the Namierites in Britain, the Andler-Vermeil school of Pangermanism in France, and the so-called Kehrites who emigrated from Germany to the US. These ideas then traveled to Nuremberg where they informed the prosecutors’ understanding of German history, leaving a discernible impact on the trials’ design and dynamics. In Nuremberg's aftermath, these trial narratives would come to inform influential strands in postwar historiography, with the special path both enjoying popularity and inviting heavy criticism to the present day.