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Reformists, though, believe the laws don't fit into a modern system of criminal law and should be abolished. "Germany's anti-Nazi criminal laws are highly problematic, because they can't be justified rationally," says Tatjana Hörnle, professor of criminal law at Bochum University. "The prohibition of Nazi symbols protects a taboo of particular historical significance. But the task of criminal law should be to protect individuals from harm and not people's feelings or taboos...

Author: /time Magazine | Title: The Curious Case of the Nazi Gnome | 8/12/2009 | See Source »

...being misused by the far right. But some German historians argue that scholarly editions of the book should be legally publishable. "Mein Kampf is a key work about the Nazis' rise to power and an important source of information about the Third Reich," says Horst Möller, a professor at Munich's Institute of Contemporary History...

Author: /time Magazine | Title: The Curious Case of the Nazi Gnome | 8/12/2009 | See Source »

...fast, says Florian Jessberger, professor of criminal law at Berlin's Humboldt University, who believes vehemently that the laws should stay. "The criminalization of the use of Nazi symbols ... is justified because of Germany's Nazi history and Germany's historic responsibility," he says. "Germany's criminal legislation has a special symbolic significance." Jessberger says the laws could even justifiably extend to Hitler-saluting gnomes. "You could argue the garden gnome doesn't endanger public peace ... because as a work of art it poses no concrete danger. However, under existing criminal law, the mere abstract danger of harming the state...

Author: /time Magazine | Title: The Curious Case of the Nazi Gnome | 8/12/2009 | See Source »

...uneasy about simply lifting the anti-Nazi laws and moving on - not just because of lingering guilt, but because of the resurgence of far-right groups and political parties. "We need to keep the current strict anti-Nazi laws to protect people and their basic rights," says Hajo Funke, professor of political science at Berlin's Free University. "Far-right violence is on the rise and we have to contain it." (Read a story on the neo-Nazis of Mongolia...

Author: /time Magazine | Title: The Curious Case of the Nazi Gnome | 8/12/2009 | See Source »

...into 2009. But she did just that and bettered her goal of seeing Julie turn 12 last May by hanging on for Margot's third birthday. She died the next day, by which time all four children were already settling into their new home. (See pictures of the late professor Randy Pausch...

Author: /time Magazine | Title: France Mourns the Death of 'Mother Courage' | 8/11/2009 | See Source »

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