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Fritz Bauer worked for a more humane justice system

Fritz Bauer co-founded the Humanist Union, a civil rights group, and argued for a criminal law focused on rehabilitation; a prize in his name honors legal reformers.

Person
Fritz Bauer
Lived
1903–1968
Field
Prosecutor & Jurist
From
German

The story

Fritz Bauer began his career as a judge in Stuttgart in the late 1920s and watched his Weimar-era colleagues hand the lightest sentences to violent Nazis and the harshest to their opponents. He came to see that biased courts had helped prepare the way for dictatorship. After surviving a concentration camp and years of exile, he returned to Germany in 1949 determined to help build a democratic judiciary.

His work in West Germany was devoted to three goals: an independent democratic justice system, the consistent prosecution of Nazi crimes, and the reform of criminal law and prisons. His main book, Das Verbrechen und die Gesellschaft (Crime and Society), published in 1957, questioned whether free will could be the basis of criminal guilt. Drawing on the reformers Franz von Liszt and Gustav Radbruch, he argued for a criminal law that dropped punishment for its own sake and relied instead on measures to rehabilitate offenders and protect society.

He also wrote on sexuality and crime, co-editing a 1963 volume of contributions to criminal law reform, and argued that the state needed effective checks on its own power. He saw the right to resist injustice as part of a citizen's duty, a theme he developed in a 1965 collection of documents on resistance to state power.

In 1961 Bauer was among the founders of the Humanist Union, a civil liberties organisation, together with the journalist Gerhard Szczesny. In 1968 the union established the Fritz Bauer Prize, awarded for contributions to making the legal system more humane, liberal and democratic.

At Bauer's initiative, the first sentence of Article 1 of Germany's Basic Law, which declares that human dignity shall be inviolable, was mounted on the building of the Frankfurt prosecutor's office, and a similar inscription was placed in Braunschweig, where he had earlier served as attorney general.

Fittingly for a reformer of the prison system, the Darmstadt prison has also been given the name Fritz-Bauer-Haus.

Why it matters

Bauer's ideas helped steer German justice toward human dignity and rehabilitation, values still honoured by the prize that bears his name.

About Fritz Bauer

Jewish judge, exile and Hesse attorney general who secretly tipped off Israel to Eichmann’s hiding place and forced West Germany to face Auschwitz in the Frankfurt trials of 1963–65.

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Fritz Bauer
1903–1968 · Prosecutor & Jurist
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Sources

Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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