Spoiler Alert: These essays are ideally to be read after viewing the respective films.
Showing posts with label jurisprudence. Show all posts
Showing posts with label jurisprudence. Show all posts

Thursday, September 10, 2026

The Children Act

I contend that religion and science are two distinct and unique domains, and thus qualitatively different. It follows that they have their own distinctive criteria, which are rightly hegemonic in their respective domain. In other words, the criteria of religion should not be extended onto the domain of natural science, especially if in doing so the native criteria of science are eclipsed or overridden. Likewise, the criteria of science should not be superimposed into the domain of religion, especially if at the expense of the sui generis criteria of religion. The film, The Children Act (2017), demonstrates the problems entailed in imposing religious criteria onto medical science. An interesting question from having seen the film is whether any such hypertrophy of one domain’s criteria onto another domain inevitably incurs a narrowing of perspective and a corresponding warping of judgment.

The film’s narrative centers around Fiona Maye, a judge in Britain, and Adam Henry, a 17-year-old who has leukemia. From the standpoint of medical ethics and religion, the first half of the film is salient, whereas the second half centers around Adam’s infatuation for Fiona and her efforts to distance herself from him. The infatuation is likely a result of the fact that he has lost his religious grounding due to Judge Maye’s order that him be given a blood transfusion in violation of the dogma of the Jehovah Witness sect of Christianity. It is precisely that transfusion that is the legal/moral/religious issue that is presented in the film. If as I contend the medium of film is an excellent means of bringing to people matters of ethics and theology (and philosophy generally), then delving into the complex issue before the court in the film is warranted.

Adam’s parents have asked the court to stop the hospital from giving Adam a potentially life-saving blood-infusion, without which he would die (as the film’s end demonstrates). The parents’ lawyer presents the theological position of Jehovah’s Witnesses against blood transfusions. Genesis, Leviticus, and even Acts are cited as scriptural support, but no passages are cited before the court. The theological potential of the film would be strengthened were even a bit of exegesis presented to the judge (or she could be shown studying the matter at home, especially as her husband is away having an affair). The lawyer for the hospital points out in court that blood transfusions did not exist in ancient times, so we can infer that the relevant scriptural passages are at best indirect, being on blood itself as necessary for life. The hospital lawyer points out that if blood is tantamount to life itself, then the sect should be heartily in favor of blood transfusions to continue life.

Even though no reference to blood transfusion itself is in the Bible, the Jehovah Witness religious organization denounces the medical treatment as if God prohibits it. In court, Adam’s father says that he knows this, but in matters of religious, belief, and thus faith, rather than knowledge sans doubt applies. The notion that blood is or carries a person’s soul, which is implied in the sect’s position, conflates the material and spiritual, and in terms of domains, the biological and the religious. Conflating different domains can indeed lead to such astonishing claims that a person’s soul is in one’s blood. Typically, people dismiss such a claim without realizing that the underlying problem is a category mistake in terms of conflating two different domains or hyperextending one onto another.

Even were scripture to proscribe blood transfusions in particular and explicitly, rather than by an assumed inference from a passage on blood, such a prohibition would be of minor importance given the leitmotif of the gospels. In them, Jesus does not mention transfusions of blood; nor does he mention abortion or gay marriage, yet that hasn’t stopped some Christians from treating such ethical issues as foremost and as religious in nature. This is not to say that transfusions, abortions, and gay people marrying are ethical or unethical. Instead, my point is that from a religious standpoint generally and from the perspective of the New Testament, those issues are not particularly salient. Before the judge’s ruling, Adam is worried that his Church would disenfranchise him were he to get an infusion even if against his will! Even just to distance a member on the basis of an ethical issue that carries little or no distinctly religious importance, especially given the salient feature in the gospels of compassion where it is least convenient (i.e., to detractors, outsiders, and even enemies), incurs a bias in terms of perspective and judgment. Treating a minor factor as though everything hinges on it is to judge erroneously. To violate the theological principle of caritas seu benevolentia universalis (love as universal benevolence) under the rubric of Christianity and especially on a theologically minor issue incurs hypocrisy. The sick are to be cared for—this is very evident from the gospels. Magnifying some passages on blood (rather than more specifically on transfusions as if that practice were proscribed) such that the prohibition eclipses the main theological thrust of the gospels demonstrates a lack of good judgment (and common sense).

Because the transfusion would likely forestall Adam’s eventual death from the cancer means that, as Judge Maye declares from the bench, the Jehovah’s Witness organization was acting against rather than in line with Adam’s welfare. Something had gone very wrong in the governance of that organization. Adam’s welfare includes the happiness that continuing to live can make possible; a religious institution that is in favor of precluding a person’s future is likely making a category mistake underneath—in this case, extending religious criteria onto medical science at the expense of that domain’s own criteria.

As Fiona realizes when she visits Adam in hospital before her verdict, he is a lively, precious young man full of a lively spirit, which is shown in his sarcastic grin even more than in his blood. A person’s soul—isn’t it through a person’s eyes anyway? A person’s entire being is the “form” of one’s soul, as evinced especially in tone of voice and facial expressions as well as the language that one uses. The role of blood is biological, and thus of science, in human life, whereas the spiritual transcends the limits of human thought, perception, and emotion. The religious domain can thus be understood to be distinct from that of natural science.


Wednesday, March 25, 2026

Nuremberg

It is said that history is written by the victors. The film, Nuremberg (2025), bears that out. Even though Justice Robert Jackson, the American prosecutor at the Nuremberg Nazi trial, compromises its integrity and thus breaches due process by pressuring Douglas Kelley, the psychiatrist assigned to the Nazi prisoners (most notably Goring), to obtain and pass on the defense’s strategy to Jackson, which Kelley does, the trial is presented nonetheless as legitimate and the Nazi prisoners as even deserving an unfair trial. Nevertheless, nations governed by the rule of law are never justified in putting on corrupt trials, or skewing them to push a particular ideology. The film itself is skewed to highlight the Nazi crimes against the Jews at the expense of delving more into the distinctly war crimes even though those crimes were just as important in the charges in the actual trial.

Jackson’s questioning of Goring on whether the Treaty of Versailles justified Germany to take over Austria and the Sudetenland was brief, and the invasion of other occupied territories, such as France, was entirely omitted in the film. Instead, Jackson pushed Goring on what he knew about the concentration camps. Jackson’s reason, which he states in the film, is that what the Nazi SS did in those camps separates the Germans from the Americans. In other words, the holocaust singles out the Nazis in world history. But as of 2025, that statement could not stand, for the holocaustic genocide of the Palestinian “race” in Gaza meant that the Nazis’ crimes against humanity were no longer unique. If, as the psychiatrist says in the film, the Nazi holocaust is “the definition of evil,” then that definition could be extended beyond the scope of the Nazis in the twenty-first century to include, ironically, Israel.

What gave rise to World War II was not the concentration camps. Rather, Germany’s invasions of other sovereign countries in Europe, especially Poland, was the cause. Hitler’s militarism in taking over Europe should thus have received most of the screen-time of the film. If as Jackson argues, Germany could not blame the treaty that ended World War I as justifying occupying Austria, what of other countries, such as France, Denmark, and the Netherlands, which were not Germanic culturally? In short, the filmmakers could have drawn on more material on the war crimes to balance out the film. That would be consistent with the fact that the Jewish matter was only the third priority of the Nazis. The first priority—and why Hindenburg appointed Hitler as Chancellor—was to get rid of the Communist Party. The second priority was to create living space in Europe beyond Germany for the German people.

Also receiving too little attention in the film was Jackson’s questioning of Goring on why the Nazis got rid of political opposition, and thus democracy. Goring’s answer that democracy had produced weak leaders could have been explored, especially as the Nazis came into power in 1933 by democratic means. The party held enough of the Bundestag for Hitler to have a legitimate democratic claim as a possible chancellor. Such inconvenient facts are arguably more interesting than simply reminding the viewers of the holocaust. The irony is that emphasizing it so much in the film, viewers in 2025 could have thought of Netanyahu and his crime against humanity in Gaza. Using a film to push an ideological agenda can come back to bite filmmakers.

Furthermore, given the militaristic forays of Russia’s Putin, Israel’s Netanyahu, and America’s Trump in the mid 2020’s, more screentime devoted to why the democracy fell to the Nazi dictatorship in 1933, what was behind Hitler’s invasions of other countries, and why no other country’s government stopped the aggression in time to avert a global war could have addressed contemporary events facing the world as international law was no longer a viable means of restraint, internationally. The film could have had Goring explain Hitler’s rationale more for having instituted a dictatorship, and for why Hitler played other governments so his invasions could continue unabated. The susceptibility of democracy to slip into a dictatorship was a salient worry in the U.S. in the early and mid-2020s due to fears that President Trump was or would shirk democracy. Governments doing nothing to stop Hitler’s incremental advancements militarily could be compared with governments doing nothing to stop Israel’s genocide of the race in Gaza, and too little to stop Russia’s invasion of Ukraine. 

The film being used primarily to remind viewers of how the Nazis viewed and treated Jews is both redundant (e.g., Schindler’s List) and has a rather large opportunity cost in terms of what the film could have covered more adequately but did not due to the screentime devoted to the Jewish theme. To be sure, Goring admitting in court that he would have followed Hitler even knowing about the holocaust only from the trial (which is a lie) is a poignant moment in the film. Crimes against humanity, whether in Gaza or Germany, are indeed horrific, but it is a mistake to minimize distinctively war crimes just because they are more ordinary.

Sunday, December 14, 2025

The Reader

The film, The Reader (2008), captures a frame of mind that may be so frequently overlooked when it is observed because it is so bizarre in its impact on reasoning that it difficult to explain, let alone grasp for what it is. The phenomenon is not of artifice; rather, it is a natural vulnerability of the human mind, or brain, due to its susceptibility to ideology that is highly unethical in its content, including a circumscribed and even warped mental framework and very unethical prescriptions for conduct. The ideology at issue in the film is that of the Nazi Party in Germany from 1933 to 1945.  The truism that absolute power corrupts absolutely does not fully account for the cognitive warping that is evinced by Hanna Schmidt during her trial in the film.

The plot centers around a sexual-relationship between Hanna Schmitz and Michael Berg during a summer more than a decade after the end of Nazi Germany. Because Michael is only 15 years old when Hanna, a middle-aged adult, seduces him sexually and gets him to read stories to her, she starts off the film as being culpable criminally, assuming that sexual intercourse with a minor is illegal in the film. To be sure, not even astute viewers would predict that her seduction of a minor means that she had worked as a Nazi SS guard at a concentration camp from 1943 until the death-march from Hungary in 1944, especially because Michael willingly returned to her apartment several times to read to her and have sex with her. As the film goes on, viewers quickly realize that her sexual crime is dwarfed by her crimes as a guard in Nazi Germany.

A portion of professor Rohl’s lecture in his law-school class in which Michael is enrolled as a law student years after his summer of sex is a useful way to contextualize Hanna’s Nazi crimes. Rohl begins by noting that out of the 9,000 people who worked at Auschwitz, only 19 have been convicted, and they were convicted according to law rather than morality. “The question was not, was it wrong, but was it legal, and not by our laws, no, by the laws at the time” and “intent must be proved.” One student observes that the law is narrower than is holding people to the dictates of morality. Professor Rohl readily agrees. To be convicted, Hanna and the other five guards with whom she worked must be found to have violated the relevant laws of Nazi Germany. So just following orders, which count as laws, is a viable defense.

In his trial in 1961 in Jerusalem, Adolf Eichmann was convicted precisely because he had violated Himmer’s order not to march Hungarian “enemies of the state” to Auschwitz. Eichmann violated the laws of Nazi Germany knowing that people would die as a result, so he could be convicted and even sentenced to death.  The film, The Reader, refutes Israel’s claim that former Nazis could not get an unbiased trial in West Germany. Both the Israelis and the Germans could be expected to hold biases regarding the Germans who were, or worked for, the Nazis, yet in the film as well as in Eichmann’s historical trial in 1961, jurisprudence passes the test in maintaining its narrow, and thus rigorous standards even against biases one way or the other.

In the trial in the film, Hanna admits to having been one of six female guards who selected 60 prisoners each month to be sent from their camp to Auschwitz even though the guards (and the prisoners) knew that the 60 people sent would be killed. Unlike the other women on trial, Hanna is honest in her testimony. Answering the chief judge’s question on why she selected 10 prisoners each month to be killed at Auschwitz, she answered, “but there were new arrivals arriving all the time, so the old ones had to make room for the new ones. We couldn’t keep everyone. There wasn’t room.” In Hanna having been oriented to the flow of prisoners being optimal, Hanna Arendt’s description of the Eichmann trial as showcasing the “banality of evil” in the bureaucracy of the Nazis applies here too. In the film, the chief judge is astonished at Hanna’s lapse concerning the obvious ethical problem: “But you knew you were selecting people to be killed.” Hanna replies, “What would you have done? Should I have never signed up at Siemens?” meaning to be hired by the SS. Hanna’s answers are themselves worthy of reflection, for they evince an absolute indifference to the plight of the chosen prisoners. In fact, she puts space-limitations at her camp above, as if justifying, the (necessary) plight. It is not as if she seems to have been wallowing in the power she had at the camp; she seems to have viewed herself as a manager working as if a hotel manager oriented to managing vacancies so no one arriving would be turned away, as if that were ethically more objectionable than sending prisoners to their death at the death camp in Poland.

Any such managerial excuse is belied when the judge turns to Hanna’s role in the march of all of the prisoners to Auschwitz when the camp in Hungary was closed. Hanna and the five other SS guards with whom she worked locked the doors of a church where prisoners were sleeping one night on the journey even though the guards knew that that church was on fire from a bombing raid. The chief judge asks Hanna, “Why did you not open the doors? In the written report, which you all signed, you claim you didn’t know about the fire until after it had happened. But that isn’t true, is it? . . . Why did you not open the doors?” Hanna quickly responds in a way that suggests that she thinks the judge has just asked a stupid question. “Obviously,” she says defiantly. “For the obvious reason. We couldn’t. We were guards. Our job was to guard the prisoners. We couldn’t just let them escape.” Her judgment that keeping the 300 people in the church, in which case they would all, except for one girl, die, was better than letting them out even if they would try to escape evinces something more than a warped moral compass. To be sure, letting prisoners escape is ethically preferrable to keeping them from evading death, but her reasoning too is flawed. The job of guarding prisoners does not in itself include playing a role in their respective deaths.

The judge next wants to assess whether Hanna and the other five guards feared for their lives should the prisoners have escaped from the burning building. “And if they escaped,” he asked Hanna, “you’d be charged? You’d be executed?” Hanna, hardly a defense attorney, answers emphatically, “No! If we’d opened the doors there would have been chaos. How could we have restored order? . . . and if they had all come out, we couldn’t just let them escape! We couldn’t! We were responsible for them!” That being responsible for prisoners could include deciding to let them die when they could be saved is, I submit, not just a moral lapse as if contributing to the death of 300 were morally better than letting them escape. Perhaps equally of concern, her reasoning—her cognition—was infected as if with computer malware. This can be more easily grasped from following statement, which is similar to what Hanna answers: We let the prisoners die because we were responsible for them! Her premise that the guards’ responsibility as guards is only to forestall escape—meaning that the responsibility of the guards was to the Nazi regime rather for the prisoners—even if that responsibility meant forcing the prisoners to be burnt alive is unsound and narrow; hence it may be the product of brain-washing.

It is not that being willingly enveloped by a political ideology spares a person from culpability. So, the judge tells Hanna, “So you did know what was happening. You did know, you made a choice. You let them die, rather than risk letting them escape.” She was neither forced nor insane; she knew what she was doing in keeping 300 people in a burning church. Hanna’s problematic mentality goes beyond the ethically problematic hierarchy of escape as being worse than being burned live. Even though she had obviously been “supercharged” into focusing narrowly in her job on escape being the worst thing possible, she was once again indifferent to the severity of the plight of other people. Both the narrowness and the sociopathic indifference were part of Nazi culture. In fact, the strong preference for order and aversion to chaos has arguably remained a salient part of German culture even though the Nazis’ ideology has been refuted. In the film, the judge does not question Hanna on her aversion to chaos or the high value she puts on order. This lapse is odd, considering that the judge may be guilty of scapegoating Hanna with a life sentence while giving the other five guards only four and a half years in prison. The other five guards contributed to the scapegoating, but the judge seemed not to realize this point.

Even though Hanna has answered the judge’s questions with an amazing forthrightness, the judge does not believe her when she denies that she wrote the report on the church fire. He even ignores her valid point that it doesn’t matter who wrote the report because all six women signed it. None of the six opened the church doors as the building burned, and there was no evidence that Hanna was in charge of the other guards. He should have relied more on Hanna’s testimony regarding the other defendants rather than say that it is easy to spread the crime to include other culprits. Furthermore, that Hanna does not give the convenient answer that she feared that the SS would execute her for letting the prisoners escape and that she answers honestly goes to her integrity, when supports my claim that she had been indoctrinated by the Nazis when she was hired to believe that the lives of the prisoners do not matter, especially as against them being able to escape (even from a burning building).

Lest it be concluded that only Nazi ideology could be so severely warping in terms of morality and reasoning, the claim of the Israeli army late in 2025 that a 3 year-old Gaza resident had to be shot because the child walking from a tent to an Israeli tank nearby was a security threat. So too, the claim by officials in the Israeli government, including Israel’s president, that all residents of Gaza were culpable of the attack inside Israel proper by Hamas is warped, both morally and cognitively. Israeli soldiers playing the game of who can shoot the most kids in Gaza, soldiers raping 6 year-old boys (and doubtlessly numerous Gaza women) in the name of security, and the Israeli government’s presumptuous and erroneous accusation of collective responsibility of everyone in Gaza for the attack carried out by a political group such that more than a million people were intentionally subjected to starvation, no medical care, and even homelessness all evince the toxic mental imprint of a sordid ideology of hatred every bit as sordid as the Nazi ideology had been. Shooting babies who had not even been born in 2024 demonstrates the utter irrationality in the statements of some senior government officials that all of the residents of Gaza deserve to suffer—that not even death is good enough for them. I contend that this last part renders the mass atrocities a holocaust rather than just a genocide. Subjecting over a million people to severe deprivation and thus horrid suffering, and killing over 60,000-75,000 residents outright through 2025 mean that the statements were not merely rhetoric. That the deaths of less than 1,500 Israelis in the attack in Israel in 2023—an attack of utter frustration contextualized by decades of being subjugated and occupied by an enemy state—could justify so many more deaths and the starvation of many, many more people in Gaza demonstrates not just severely flawed ethical judgment, but also corrupted reasoning as if such an imbalance could possibly be justified even in terms of state security. Were the Israeli officials intellectually honest, they would simply admit that they were simply unleashing their hatred of a “subhuman” people who are like dogs. Similarly, Nazi propaganda films portrayed Jews as rats infecting Europe. It is perhaps out of a global sense of guilt about the first holocaust that the unbalanced Israeli application of collective “justice” did not trigger a coalition of the willing among nations to rid Gaza military of the Israeli army, and that the equivalence of the Netanyahu and Hitler administrations has not been recognized and acknowledged. Ideology can indeed warp moral judgment and even cognition/reasoning as well as perception of world events.

That susceptibility of the human mind can operate “beneath the radar,” especially in regard to the severity of the depravity. The judge in the film tells the court that Hanna is in another class of criminality even from the five other guards. I submit that he is wrong about the five other guards, for they are just as culpable criminally because none of them were willing to open the church doors and thus were fine with 300 people being burned to death. Nevertheless, the judge aptly perceives Hanna’s “reasoning” as partial at best and her values as deeply problematic morally. They were our responsibility; we couldn’t just let them escape, so we decided that they would have to die. The 300 prisoners in the church did not have to die; they died because the six SS guards chose not to open the doors. It is conceivable that those guards could have opened the doors and maintained order while minimizing escapes by surrounding an open space and shooting the first person trying to flee.

Contemporary implications of the film include the point that the recognition of the subjectivity-based warping of the human mind by ideology means that the world needs more than the impotent UN and International Criminal Court (ICC) to hold back aggressive regimes such as those of the Nazis and the Israelis. Although not so ideological, the foray into Ukraine by President Putin of Russia based in part on a vision of a resurrected Russian empire (not the USSR) also deserved to be turned back by more than an imagined coalition of the willing in Europe. To the extent that the Russian officials viewed the Ukrainians as subhuman, thus justifying women being raped by Russian soldiers and children being sent deep into Russia, the ideological culprit at work in the Nazi government in the twentieth century and the Israeli government in the 2020s can be detected yet again. The vulnerability of the human mind is thus no accident, but is intrinsic. Therefore, the admixture of human hatred with political (and religious) ideology comes with a such steep toll that the ongoing system of international relations based on absolute national sovereignty can be deemed to be wholly inadequate. International means with military-enforcement power have been needed at least since the 1930s to restrain toxic regimes from inflicting severe harm on people presumed ideologically to be subhuman. 

The underlying problem is not merely humans being drunk with power; even though absolute power corrupts absolutely, and thus institutional checks and balances are advisable both within a government and between every government and the international community institutionalized in an organization or government with real enforcement power, the subjective human mind is too vulnerable to being brain-washed by ideology and this itself is a problem especially because the warped mind is typically impervious to correction both morally and in regard to its own faulty reasoning. In the film, there is no indication whatsoever when Hanna is imprisoned for 20 years that she comes to grips with how wrong she has been ethically and how flawed her reasoning was in her choice not to open the church door. During the trial, the limits of her ideologically-constrained reason are clear when she draws a blank and asks the judge, “What would you have done? Should I not have signed up at Siemens?” The significant imprint of a flawed ideology can readily be inferred. The system of international relations can and should be informed by just this inference that the film astutely provides.

Monday, August 14, 2023

Judgment at Nuremberg

Judgment at Nuremberg (1961) is a serious film that enables the viewers to wrestle with the demands of justice for atrocities enabled by German jurists in NAZI Germany and the post-war emerging Cold War between the U.S. and the U.S.S.R., for which the American military needed the support of the German people against the Soviet Union. The film accepts the need of such support as being vital in 1947, when the actual trial took place (the film has it as 1948). To the extent that acceptance of this assumption is deemed spurious, the viewers would likely view the tension as being between the need for justice, a virtue, and expediency, a vice. Accordingly, the pressure from an American general on the prosecutor to recommend light sentences so not to turn the German people against the Americans and thus from helping them in the Cold War can be viewed as being astute political calculation in the political realist sense of international relations, or else undue influence or even corruption of a judicial proceeding.

The prosecutor, Tad Lawson, having liberated death camps, rebuffs the General Matt Merrin’s pressure, and the four defendants get life sentences.  Whether Merrin’s claim that the U.S. needs the support of the German people in the Cold War is valid or not, pressuring a prosecutor is clearly depicted as unethical and so Lawson comes off as virtuous in resisting the exogenous pressure even though he is in the American military. It is certainly ironic that the victor army would push for lighter sentences for the vanquished; typically the question is whether a trial by the victors can be fair. Israel’s kidnapping and subsequent trial of Eichmann brought this question to the forefront. A trial in Germany would have also brought up this question. Britain would have been a good choice that would have avoided the conflict of interest.  In the film, Lawson successfully resists exploiting a conflict of interest by deciding not to curry favor with the general by urging the judges to go light in sentencing the defendants.

To be sure, chief judge Haywood has an opportunity to give a light sentence to one of the defendants. Ernst Janning, an expert jurist before the NAZI period and the Minister of Justice under Hitler, is the only one of the defendants who should have known better than knowingly convict innocent people, including Irene Hoffman for having sex with a much-older Jewish man, and sterilizing others, including Rudolph Petersen for being mentally impaired. Janning gives an impassioned speech to the court in which he admits his guilt, and that he should indeed have known better. Haywood holds Janning responsible for the latter’s use of the judicial system to send Jews and Poles to the death camps anyway; the crimes are simply too heinous for justice to be ignored. In the final scene, Haywood tells Janning that he should have known that it would come to such crimes the moment he convicted a person Janning knew was innocent. Using the gutted-out infrastructure of a judiciary to enable the state to engage in mass murder seems to particularly bother the chief judge. That is to say: a jurist who has written juridical books has no excuse in making a mockery of a judiciary.

After the last scene, the film indicates that none of the actual defendants of the American trial of jurists were still in prison as of 1961, when the film was made. Janning is loosely based on Louis Schlegelberger, who was State Secretary in the German Reich Ministry of Justice. He got a life sentence for conspiracy to perpetuate war crimes and crimes against humanity. He instituted procedures for the persecution of Jews and Poles, and thus played a vital role in the mass extermination. As much as such severe harm deserves harsh justice, he was released just a few years after having been convicted for “health reasons” even though he died in 1970. Similarly, Rudolf Oeschey had his life sentence commuted to 20 years, but he was released in just 8 years. Guenther Joel, chief prosecutor of the Ministry of Justice, got a 10 year sentence but was released in 1951. The same for Ernst Lautz, the Chief Public Prosecutor of the People’s Court. Herbert Klemm, State Secretary in the Ministry, had his life sentence commuted to 20 years but was released after just 10 years. Oswald Rothaug, a senior public prosecutor in the People’s Court and Chief Justice of the Special Court, had his life sentence commuted to 20 years but was released in just 9 years. Justice was clearly not served, and the film acknowledges this frailty of justice “in the real world.” The implications are that none of the fictional defendants would actually serve a life sentence, and the American military, which had tried and failed to get its way in the sentencing, ultimately gets its way. Any relief from Lawson resisting the pressure to urge light sentences such that justice wins the day is short-lived as the viewers read the film’s caveat at the end that in the end, all of the actual defendants of the jurist Nuremberg trial were still in prison as of 1961.

Interestingly, Maximilian Schell, who plays Hans Rolfe, the German defense attorney who applies NAZI thunder in severely questioning Irene Hoffman—such zeal being objected to by Lawson but allowed by the chief judge—beat out Spencer Tracy, who plays the chief judge who comes down on the side of justice (and is fair in ruling on the objections during the trial) and thus resists manipulations by “friendly” former NAZI civilians and the American military and a U.S. Senator, to get the Best Actor Oscar in 1961. Spencer Tracy is so mild-mannered throughout the film that his acting was typical rather than exceptional, whereas Richard Widmark, who plays Lawson, should have been in contention with Schell for the Oscar. Both actors are impassioned and frustrated, hence they both drew on strong emotions in playing their respective roles. Perhaps both should have gotten the award. The world, however, is not so just, as the movie makes clear in the end even if justice momentarily has the upper hand.