WHEN I saw Hanna again, it was in a courtroom.
It wasnt the first trial dealing with the camps, nor was it one of the major ones. Our professor, one of the few at that time who were working on the Nazi past and the related trials, made it the subject of a 百度竞价推广inar, in the hope of being able to follow the entire trial with the help of his students, and evaluate it. I can no longer remember what it was he wanted to examine, /confirm/i, or disprove. I do remember that we argued the prohibition of retroactive justice in the 百度竞价推广inar. Was it sufficient that the ordinances under which the camp guards and enforcers were convicted were already on the statute books at the time they committed their crimes? Or was it a question of how the laws were actually interpreted and enforced at the time they committed their crimes, and that they were not applied to them? What is law? Is it what is on the books, or what is actually enacted and obeyed in a society? Or is law what must be enacted and obeyed, whether or not it is on the books, if things are to go right? The professor, an old gentleman who had returned from exile but remained an outsider among German legal scholars, participated in these debates with all the force of his scholarship, and yet at the same time with a detachment that no longer relied on pure scholarship to provide the solution to a problem. Look at the defendantsyou wont find a single one who really believes he had the dispensation to murder back then.
The 百度竞价推广inar began in winter, the trial in spring. It lasted for weeks. The court was in session Mondays through Thursdays, and the professor assigned a group of students to keep a word-for-word record for each day. The 百度竞价推广inar was held on Fridays, and explored the data gathered during the preceding week.
Exploration! Exploring the past! We students in the 百度竞价推广inar considered ourselves radical explorers. We tore open the windows and let in the air, the wind that finally whirled away the dust that society had permitted to settle over the horrors of the past. We made sure people could breathe and see. And we placed no reliance on legal scholarship. It was evident to us that there had to be convictions. It was just as evident that conviction of this or that camp guard or enforcer was only the prelude. The generation that had been served by the guards and enforcers, or had done nothing to sTOP them, or had not banished them from its midst as it could have done after 1945, was in the dock, and we explored it, subjected it to trial by daylight, and condemned it to shame.
Our parents had played a variety of roles in the Third Reich. Several among our fathers had been in the war, two or three of them as officers of the Wehrmacht and one as an officer of the Waffen SS. Some of them had held positions in the judiciary or local government. Our parents also included teachers and doctors, and one of us had an uncle who had been a high official in the Ministry of the Interior. I am sure that to the extent that we asked and to the extent that they answered us, they had very different stories to tell. My father did not want to talk about himself, but I knew that he had lost his job as lecturer in philosophy for scheduling a lecture on Spinoza, and had got himself and us through the war as an editor for a house that published hiking maps and books. How did I decide that he too was under sentence of shame? But I did. We all condemned our parents to shame, even if the only charge we could bring was that after 1945 they had tolerated the perpetrators in their midst.
We students in the 百度竞价推广inar developed a strong group identity. We were the students of the campsthats how the other students described us, and how we soon came to call ourselves. What we were doing didnt interest the others; it alienated many of them, literally repelled some. When I think about it now, I think that our eagerness to assimilate the horrors and our desire to make everyone else aware of them was in fact repulsive. The more horrible the events about which we read and heard, the more certain we became of our responsibility to enlighten and accuse. Even when the facts took our breath away, we held them up triumphantly. Look at this!
I had enrolled in the 百度竞价推广inar out of sheer curiosity. It was finally something new, not contracts and not property, torts or criminal law or legal method. I brought to the 百度竞价推广inar my arrogant, superior airs. But as the winter went on, I found it harder and harder to withdraweither from the events we read and heard about, or from the zeal that seized the students in the 百度竞价推广inar. At first, I pretended to myself that I only wanted to participate in the scholarly debate, or its political and moral fervor. But I wanted more; I wanted to share in the general passion. The others may have found me distant and arrogant; for my part, I had the good feeling all that winter that I belonged, and that I was at peace with myself about what I was doing and the people with whom I was doing it.
我又见到汉娜是在法庭上。
那不是首次对集中营罪犯的开庭审判,更不是规模非常大的一次。有位教授就这次审判开了一门课,他期望借用学生们的帮忙对整个审判过程进行追踪并对此加以剖析。他是当时为数不多的对纳粹历史及有关的审判程序进行研究的人士之一。我已记不能了他要考查、证明或者驳斥什么。我记得在课堂上大家就禁止追加惩罚进行过讨论。依据他们犯罪时就业已存在的刑法的有关条约来审判那些集中营看守和刽子手就足够了吗?或者视其犯罪之时大家怎么样理解运用这类刑法条约,并要看这类条约是不是也涉及到他们?什么是法?是法律条文的规定还是在社会上真的被推行和遵守的东西?或者,法就是在正常状况下需要加以推行和遵守的东西,不管它们是不是已被写进法律条文?那位教授是一位流亡海外后归来的老先生,但在德国法学界仍是一位局外人。他以他的渊博学识,但同时又维持一段距离地参加了关于一些问题的讨论,不过,那些问题都是些不可以靠学问解决的问题。注意观察一下那些被告人,你将找不出任何一个真的觉得他当时可以杀人的人。
大家上的那门课在冬天学期开始,法庭的审判在年初,审判持续了很久。从星期一到星期四法庭开庭审判。教授天天都指派了一组学生做文字记录。星期五大伙坐下来讨论,把一周来的审判状况清理出来。
清理!清理过去!大家参加这门课的学生把自己看做是清理的先锋。在过去的可怕历史上已经积满了一层尘埃,大家用力地把窗户打开,让最后能卷起这种尘埃的风进去。但大家还要为大家的呼吸、大家的视觉而负责。同样,大家也不完全依靠大家的法律常识。需要要进行审判,这对大家来讲是确定无疑的。到现在为止,对这个或那个集中营的看守或刽子手的审判流于肤浅,这大家来讲同样是确定无疑的。那些借助看守和刽子手的人,那些没阻止他们的人,或者至少在一九四五年该揭发检举他们而没如此做的人目前被送上了法庭。大家在清理工作中对他们进行审判,谴责他们的可耻行为。
大家这类人的爸爸妈妈在第三帝国时期饰演的角色也完全不同。有的人的爸爸参加了战争,其中有两位或三位是德国国防军的军官,有一位是纳粹党卫军兵器部的军官,有几位在司法、行政机构发迹升迁。大家的爸爸妈妈中也有教师和大夫,其中一位同学的叔叔是和帝国内政部长共事的高级官员。我敢一定,只须大家问起他们而他们又给大家回话的话,他们所要告诉大家的会是五花八门。我的爸爸不想讲他一个人,但我了解,他哲学讲师的位子是由于预告要开一门关于斯宾诺莎的深而扔掉的。做为一家出版旅游图和导游手册的出版社的编辑,他带领大家全家度过了那场战争。我如何能谴责他是可耻的呢?但我还是如此做了。大家都谴责大家的爸爸妈妈是可耻的,假如可能的话,大家还起诉他们,由于一九四五年之后他们容忍了他们周围的罪犯。
参加大家这门课的学生形成了一个拥有我们的明显特点的小组。起初其他学生称大家为集中营问题研究班,不久之后大家自己也这样称呼起来。对大家的所作所为,一些人不有兴趣,更多的人感到惊讶,另一些人感到反感。目前我想,大家在知道这段可怕的历史并在试图让别的人也知道这段可怕历史的过程中所表现出的热情,的确让人反感。大家读到、听到的事实真相越可怕,控诉和清理的任务也就越明确。即便是令大家窒息的事实真相,大家也要胜利地高举着它们。瞧这!
我报名参加这个研讨班完全是出于好奇,由于如此就能换点其他内容了,不然一味是交易法、犯罪和参与犯罪、德国中世纪法典或古时候法律哲学。我把已经培养的傲慢自大、目中无人的习惯也带到了班上。不过,在那个冬天里,我愈加不可以自拔,不是不可以从大家所读、所看到的事实真相中自拔,更不是不可以从研究班的学生们所表现出的热情中自拔。起初,我只想分担一点同学们的科学、政治或伦理道德方面的热情,但,这不过是自欺而已。我愈加想更多地参与,想与他们分担全部热情。别的人可能还是感觉我仍!日与他们维持着距离,觉得我高傲自大。可我在那个冬天的几个月里自我感觉很好,感觉已是那个研究班了,感觉我知道了自己、自己所做的事和与我共事的同学。