National Socialist Family Law: The Influence of National Socialism on Marriage and Divorce Law in Germany and the Netherlands

Contents
Preface
Chapter 1 Introduction
	1.1 Family Law during the Nazi Era
	1.2 Research Questions and Scope of this Research
	1.3 Sources
	1.4 Structure of the Research
	1.5 Translation of Terminology
Chapter 2 Family Policy According to National Socialism
	2.1 Introduction
	2.2 The Origins of National Socialism
		2.2.1 A Volk Rooted in Nature
		2.2.2 The Concept of ‘Racism’ in Völkish Thought
		2.2.3 Social Darwinism and Racial Hygiene
		2.2.4 From Racial Hygiene to Anti-Semitism
	2.3 The Position of Jews in Germany
	2.4 The Development of Family Policy in the First Half of the Twentieth Century
		2.4.1 Germany during the Interbellum – the Weimar Republic
		2.4.2 Population Policy before the Weimar Republic
		2.4.3 Population and Family Policy during the Weimar Republic
		2.4.4 Social Hygiene and Eugenics in the Weimar Years
	2.5 The Nazi Era
		2.5.1 Volksgemeinschaft – the Strength of a Nation
		2.5.2 From Social Hygiene to Racial Hygiene
			2.5.2.1 Compulsory Sterilisation
			2.5.2.2 Abortion
			2.5.2.3 Euthanasia
		2.5.3 National Socialist Family Policy
			2.5.3.1 Family and Marriage as ‘Germ Cell of the Nation’
			2.5.3.2 The Role of Women
			2.5.3.3 Kinderreich versus Großfamilien
			2.5.3.4 ‘Married Without Children’
	2.6 Conclusion
		2.6.1 Pro-natalism versus Selection
		2.6.2 Anti-Semitism
		2.6.3 National Socialist Pro-natalism
		2.6.4 The Results
Chapter 3 National Socialist Racial and Family Law in Germany
	3.1 Introduction
	3.2 Family Law in the Weimar Republic
		3.2.1 Conclusion of Marriage
		3.2.2 Annulment of Marriage
		3.2.3 Dissolution of Marriage
	3.3 From Weimar to Third Reich
	3.4 March 1933–August 1935: Re-interpreting the Law
		3.4.1 Conclusion of Marriage
		3.4.2 Annulment of Marriage
	3.5 The Nuremberg Laws
		3.5.1 The Build-up to Amendments
		3.5.2 The Reich Citizenship Law
		3.5.3 The Law for the Protection of German Blood and German Honour
	3.6 Keeping the Aryan Race Healthy – the Marriage Health Law
	3.7 The New Matrimonial Law for the New Germany
		3.7.1 The Build-up to a New Marriage Law
		3.7.2 Marriage and Divorce Law in Austria and the Need to Adapt the Draft Revision
		3.7.3 The Marriage Law of 1938
			3.7.3.1 Conclusion of Marriage
			3.7.3.2 Annulment and Termination of Marriage
			3.7.3.3 Divorce
			3.7.3.4 Exceptional and Transitional Provisions for Austria
			3.7.3.5 Final Provisions
	3.8 Conclusion
		3.8.1 Germany
		3.8.2 Austria
		3.8.3 After the National Socialist Takeover
Chapter 4 Racial and Family Law in the Netherlands during the German Occupation
	4.1 Introduction
	4.2 Dutch Family Law before the German Occupation
		4.2.1 Conclusion of Marriage
		4.2.2 Annulment of Marriage
		4.2.3 Dissolution of Marriage
			4.2.3.1 Separation from Bed and Board
			4.2.3.2 Divorce
		4.2.4 Attempts to Revise Matrimonial Law
			4.2.4.1 The 1886 Draft Revision of the Civil Code
			4.2.4.2 The Big Lie
			4.2.4.3 Discussion about the ‘Free Marriage’
			4.2.4.4 Eugenics and Matrimonial Law
			4.2.4.5 Further Attempts at Amendments
		4.2.5 The Application of the Nuremberg Laws between 1935–1940
	4.3 Years of Occupation
		4.3.1 Administrative and Legislative Competences during Occupation
		4.3.2 Defining the ‘Jewish Question’ in the Netherlands
		4.3.3 Adoption of the Nuremberg Laws
		4.3.4 The Problem of Existing Mixed Marriages
			4.3.4.1 The Privileged Mixed Marriage
			4.3.4.2 Sterilisation of Mixed-Married Jews
			4.3.4.3 Divorce
		4.3.5 Attempts to Revise Dutch Divorce Law
			4.3.5.1 Schrieke’s Draft of 1942
			4.3.5.2 Reactions to the First Draft
			4.3.5.3 Schrieke’s Second Draft of 1944
			4.3.5.4 The Aftermath of Schrieke’s Drafts
	4.4 Conclusion
		4.4.1 Dutch Marriage and Divorce Law before the German Occupation
		4.4.2 The Law of Occupation and the German Civil Administration in the Netherlands
		4.4.3 Marriage and Divorce Law and the Position of Jews in that Respect during the German Occupation
Chapter 5 Conclusion
	5.1 National Socialism – the Family as Germ Cell of the Nation
	5.2 National Socialism in Practice
	5.3 National Socialist Family Law?
Bibliography
	Literature
	Periodicals
	Internet Sources
	Archival Source List
	Table of Legislation
	Table of Cases