G. Vassalli · Radbruchsche Formel u.Straf Book [German edition
19), at 288. 113 Funke, 'Gustav Radbruchs Rechtsbegriff, ihr neukantianischer Hintergrund und ihr Gustav Radbruch: A Legal Philosophy of Values It has been noted, quite rightly, that there is a close link between Gustav Radbruch’s philosophy and his life and personality (Friedmann 1960, Emil Lask, Gustav Radbruch, Jean Dabin No force formal freedom given groups hand historical human idea Ilae individual institution interest juridical jurist justice kind least legal order legal philosophy legal rule legislator less logical marriage material matter means method moral natural law norm objective obligation organized ownership Gustav Radbruch (21 November 1878 – 23 November 1949) was a German legal scholar and politician. He served as Minister of Justice of Germany during the early Weimar period. Radbruch is also regarded as one of the most influential legal philosophers of the 20th century.
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This book is devoted to the two most influential German natural law approaches, Gustav Radbruch's neo-Kantian non-positivism from the 1930s and 1940s and Robert Alexy's contemporary analytical non-positivism. Philosophy General Antecedents of Philosophy by Gustav Radbruch Irma Shioshvili Iakob Gogebashvili Telavi State University, Telavi, Georgia (Presented by Academy Member Roin Metreveli) ABSTRACT. According to Radbruch, legal philosophy is a part of philosophy. He considers it essential to discuss general antecedents of philosophy. This article explores the relationship between John Dugard and Gustav Radbruch. Drawing on the legal philosophy of Gustav Radbruch and John Dugard’s work on international criminal law the article addresses the complex question of whether retroactive punishment is legally and morally justifiable.
Radbruch was born on 21 st November 1878 in Lübeck as the son of a wealthy merchant. Radbruch, G 2020, ' Law's Image of the Human: A translation of Gustav Radbruch's 1926 Inaugural Lecture at Heidelberg University with an introductory foreword. ', Oxford Journal of Legal Studies, vol.
PDF Rättspositivism och juridisk argumentation
Much of Rechtsphilosophie is an exposition of historical trends of thought. According to Wolf, Radbruch was See Friedmann, Legal Theory, London, 1944, 112-16 and 232-34; and A Chroust, 'The Philosophy of Law of Gustav Radbruch Five Minutes of Legal Philosophy (1945)* GUSTAV RADBRUCH TRANSLATED BY BONNIE LITSCHEWSKI PAULSON AND STANLEY L. PAULSON First Minute ‘An order is an order’, the soldier is told. ‘A law is a law’, says the jurist.
Meta-Ethics and Legal Theory : The Case of Gustav Radbruch
reality the DOI: 10.4324/9780415249126-T048-1 Version: v1, Published online: 1998 Retrieved March 15, 2021, from https://www.rep.routledge.com/articles/biographical/radbruch Gustav Radbruch was a German legal scholar and politician. He served as Minister of Justice of Germany during the early Weimar period. Radbruch is also regarded as one of the most influential legal philosophers of the 20th century.
97 Funke, 'Gustav Radbruchs Rechtsbegriff, ihr neukantianischer Hintergrund und ihr staatsrechtlicher Kontext' (n. 33), at 37-9.
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I The elaboration of Radbruch’s legal philosophy culminates in two devel-opments. The first is the systematic presentation of his position in the new edi-tion of his treatise Legal Philosophy (1932). In the preface to the new edition Radbruch remarks, with an eye to the first edition (1914), called Outlines of Le- Gustav Radbruch (1878-1949) was a prominent German legal theorist, who, in the aftermath of World War II, famously argued that a sufficiently unjust rule loses its status as a valid legal norm. This article will consider whether Radbruch's post-war views, as encapsulated in his now-famous That is to say, arbitrariness, breach of contract, and illegality—provided only that they benefit the people—are law. Practically speaking, this means that what- ever state authorities deem to be of benefit to the people is law, including every despotic whim and caprice, punishment unsanctioned by statute or judicial.
According to Radbruch, legal philosophy is a part of philosophy. He considers it essential to discuss general antecedents of philosophy. Immediately after the collapse of the Nazi regime, Gustav Radbruch, one of the most inﬂuential German legal philosophers of the twentieth century, redeﬁned his position on legal certainty by introducing the following prin-ciple: When statutory rules reach a level of extreme injustice, so that the con-
Warning Voice from Heidelberg – The Life and Thought of Gustav Radbruch’, South African Law Journal 90 (1973) pp. 234-61; Eric Wolf, ‘Revolution or Evolution in Gustav Radbruch’s Legal Philosophy’, Natural Law Forum 3 (1958) pp.
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This seems a world away from Radbruch's. 1946 "formula", above; however, at least one commentator has argued that the contrast between Radbruch'searlier and later work has The small article “Statutory Injustice and Suprastatutory Law” published in 1946 by Gustav Radbruch is one of the most important texts in 20th century legal philosophy. Until recently, its importance was said to stem from its renewal of ‘natural law’ and from its ‘formula’, according to which the value of justice should override that of legal certainty in extreme cases.
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He considers it essential to discuss general antecedents of philosophy. This article explores the relationship between John Dugard and Gustav Radbruch. Drawing on the legal philosophy of Gustav Radbruch and John Dugard’s work on international criminal law the article addresses the complex question of whether retroactive punishment is legally and morally justifiable.