The Fascists and the Jews of Italy: Mussolini's Race Laws, 1938–1943

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Half title
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Contents
Preface
1 Introduction: On the Historical Significance of the Leggi Razziali
2 Legislation: Race, Religion, and the “Italian Model” of Antisemitism
	From a Racial to An (at Least Partially) Religious and Cultural Model: the Mixed Marriage and “Who is a Jew” Provisions
		Legislative Drafts: Hypotheticals, Tiebreakers, and the Absence of a Mixed-Race Category
		The Demorazza Correspondence: Of Mixed Marriages and “Innocent” Spouses
		The Mixed Marriage Rules and the “Italian Model” of Race Legislation
	Conflicting Goals and Creative Ambiguity: The Business and Property Rules
		The Drafting of the Business Provisions: General Themes
		Legislative Intent and the Trend Toward Expansion: The Rules on Jewish Professionals
		Discrimination, Persecution, and the Problem of Collateral Legal Provisions: The Matter of Pension and Indemnity Payments
		Indifference and Bureaucratic Turf: The Norme Di Attuazione
		Transfers of Property and the Evasion Problem
		Reprise on the Business and Property Provisions
	Transitioning to Racism: The Role of the Discriminazione Provisions
	Nuremberg, Jim Crow, and the Italian African Colonies: A Note on “External” Models for the Race Laws
		The Nuremberg Laws
		The Italian Colonies and Other Antiblack Statutes
		Religious Antisemitism and the Vatican Role
	Conclusion: On the Race Laws as a Distinct “Italian” Model for Racial Statutes
3 Administration: Expansion, Evasion, and the Problem of Institutional Conflict
	Borderline Issues: Creative Interpretation and the Trend Toward Stricter Enforcement
	Professions and Small Businesses: Ambiguous Cases and Interaction with Other Race Laws Provisions
	Legislative Intent and the Form and Substance Problem: Domestics, Hotels, and Supply Contracts
	Collateral Issues and Conflict of Laws: The Pension Benefits Problem
	The Evasion Problem and the Specter of Conflicting Economic Interests
		Mortgages, Leases, Exchanges: Collateral Issues in the Sale of Property
	The Società Anonima Question: Jurisdictional Conflict, Public Opinion, and Emergence of the “Fairness” Issue
	“Are We Losing The War On the Jews?”: Criticism of the Race Laws Bureaucracy and the Proposed 1940 Amendments
	Conclusion: Individuals, Institutions, and the Elusive but Persistent Question of National Differences
4 Adjudication: Theory, Practice, and the Role of Judicial Personality
	The Judicial Response: Strict Construction vs. Broader Legislative Purpose
		One Court, Two Approaches: Turin, 1938-9
		The Ricci Memorandum: Prevention of Evasion and the Achieving the Intent of the Race Laws
		Rosso c. Artom: Derogation From General Principles and Need for “Strict Construction”
		Enforcement and Evasion Techniques: Turin and Beyond
	The Race Laws Meet the Labor Laws: The Pensione Decisions
	Conflict of Laws and the Special Role of the Church: The Judicial Application of the Mixed Marriage Provisions
	Borderline Cases and the Problem of Legislative Purpose
	Evaluating the Decisions: Ideas, Institutions, and the Elusive Role of Personality
		The Dynamics of Legal Decision Making: Who, Where, and Why
		The Magistratura and the Historic Role of Piedmont
		Natural Law, Positivism, and the Role of Legal Theory
		The Role of Personality: Peretti-Griva, Jemolo, Calamandrei
5 The Daily Plebiscite: How Local Officials and Ordinary Italians Responded to the Race Laws
	Background: Resistance, Collaboration, and the Value of Local Studies
	Ferrara: Local Factors, Extra-Legal Methods, and the Essential Continuity of the Race Laws
		Indifference, Pettiness, and Increasing Severity: The “Feel” of the Race Laws in Ferrara
		Propaganda, Intimidation, Violence: The Role of Extra-Legal Activities in the Anti-Jewish Persecutions
		Change and Continuity: Anti-Jewish Measures before and after September 1943
		On the Significance of Local Differences: Ferrara, Turin, and Other Italian Cities
	Local Differences and National Trends: Identifying an “Italian” Response to the Race Laws
		The Construction of Popular Attitudes
		A National Perspective on Popular Attitudes: The Segreteria Letters
	Conclusion: History, Memory, and the Limits of the Resistance/Collaboration Dichotomy
6 From Perpetrators to Victims: The Question of Jewish Responses
	Resistance, Collaboration, Amidah: A Primer on Jewish Behavior During the Holocaust
	Special Features of the Italian Jewish Situation
	From Theory to Practice: Types and Strategies of Italian Jewish Resistance
		Nonviolent Resistance/Amidah: Schools, Charities, and Emigration
	Lawyers, Litigation, and the Liberal Professions
		The Role of the National Jewish Organizations
	Toward Armed Conflict: Jews in the Anti-Fascist Movements and Post-1943 Resistance
		Individual Jews and the Race Laws: More on the Segreteria Files
		The Italian Example and the Mythology of Jewish (and Italian) Resistance
7 Conclusion: Implications of the Race Laws for Italy, the Legal Profession, and the Study of Racial Statutes
	The “Good Italian” Myth: the Race Laws and the Question of Italian Exceptionalism
	Law, lawyers, and the Race Laws
	Restitution and Reparation: The myth of Universal Suffering and the (Inevitable?) Limits of Corrective Action
	Core, Periphery, and the Tendency to Increased Severity: Toward a Comprehensive theory of Racial Statutes
	Resistance, Collaboration, and the Prevention of Future Holocausts
Bibliography
Index