W HEN I saw Hanna again, it was in a courtroom.
It wasn’t 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 seminar, 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, or disprove. I do remember that we argued the prohibition of retroactive justice in the seminar. 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 defendants—you won’t find a single one who really believes he had the dispensation to murder back then.”
The seminar 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 seminar was held on Fridays, and explored the data gathered during the preceding week.
Exploration! Exploring the past! We students in the seminar 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, s............