Back to the fray. I am finding this discussion personally difficult - though worthwhile - as it requires me to rethink some of the pro-revisionist convictions I have come to over the last five years or so. In addition, evidence is still coming in, so there is an air of uncertainty (for me at least). Here are my opinions based on information currently to hand:
Günther Reinecke
I have looked at a copy of Reinecke's thesis
Münchener Privatrecht im Mittelalter from 1936. It reads much more like the plain words of the man who testified in 1946 than those of the one who confessed in 1961. This makes me prepared to continue questioning at least his degree of involvement with the Taubner verdict.
In particular, Reinecke clearly had deep scholarly interests as a lawyer. He was part of a group that investigated legal traditions in Bavaria. A key figure in this was Pius Dirr, a local archivist. Dirr lived from 1875 to 1943 and was a liberal democrat representative from 1912 who moved to the DDP in 1919. In his Foreword, Dirr encourages Reinecke to write a projected complete history of private law in Munich. The thesis involved examining books of decisions by local courts for precedents and cites a published book of decisions. Reinecke does not sound like someone who would engage in radical departures from western legal norms without explanation (as in the Taubner verdict, where the principle that "The Jews have to be destroyed" is introduced without justification). Nor does it sound like someone who would acquiesce in the destruction of court records, or create records that they would later wish destroyed - for the significance of the work lies precisely in its role as a precedent.
In terms of the sources Reinecke used, these include prominently the writings of Sigmund Adler, who is there in Reinecke's bibliography. Looking up
Adler, I find that he lived from 1853 to 1920 and was the son of a well to do Jewish merchant. He was a teacher and historian with particular interests in inheritance law and research into legal sources. He was the brother of Victor Adler, a prominent politician who corresponded with Friedrich Engels, the friend of Karl Marx. By acknowledging a debt to Adler during the Third Reich, Reinecke does not evince the sort of casual or visceral anti-semitism found in the Taubner verdict. Equally, I see no indication in his thesis of restricted access to the courts on the part of Jews. It is true that anti-Jewish sentiment increased after 1938, but all the same...
Authenticity of the Taubner verdict
I stress that this is only a theory - or desperate guess if you will. Nonetheless, I'm being serious. Two things would have to have happened for there to have been a miscarriage of justice in the 1961 investigations into Reinecke. Firstly, the Taubner verdict would have to been wrongly associated with him, or somehow misrepresented. We have still not seen his signature on it or an official stamp that would connect him with it.
Secondly, there would have to have been pressure on the German authorities in the early 1960s to throw SS men to the wolves. Now there is evidence of this happening. Following the
Wirtschaftwunder of the 1950s, West Germany was attempting to rearm morally as part of the Cold War. The "myth of the clean Wehrmacht" had been strengthened by the Manstein trial. Hence the Auschwitz trials of the time proceeded without the full evidence of a normal trial. This was partly justified by the existence of the iron curtain at the time. Some of the verdicts (e.g. the Oberhauser confession on Belzec) have been questioned, at least by revisionists. Oberhauser's sentence is out of proportion to his offence, which is evidence of plea-bargaining, or of something going on behind the scenes.
Work to do
It should be possible to get a copy of the original verdict. There is an essay on the investigation into Reinecke in HGS - this needs to be examined in detail.