The Courts, 1861–1914

Abstract

The treatment of Gypsies in the judicial system of Germany and Italy helps to explain the executive authorities’ decision to turn to the state of exception as their primary mode of dealing with them. The judicial system served both as a key player in the campaign against Gypsy populations and a hindrance to its implementation. Ultimately, the inability of the judicial system to lay the groundwork for the complete denationalization of Gypsy populations caused frustrated executive authorities in both countries to strip Gypsies of the basic protections provided by law, so that they could dispose of them more easily. Judicial authorities, in spite of their own intentions to support national authorities in their quest to keep out Gypsy populations, often ended up protecting the very people targeted. Gypsies themselves were aware of the fact that judicial proceedings could often protect them from the worst excesses of executive power, and used the law to protect themselves when they could. Gypsies’ use of the law as a form of resistance led increasingly frustrated executive authorities to utilize the state of exception provided for in the law, which freed them from judicial interference.