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Journal of Legal  Law and philosophy,Meta-Ethics and Legal Theory The Case of Gustav Radbruch. Law and philosophy. Meta-Ethics and Legal Theory The Case of Gustav  - Efter WW2 kritiserade man naziregimen då man menade att det finns högre stående lagar som hindrar det som skedde. - Gustav Radbruch kritiserade  av OLA AGEVALL · 1994 · Citerat av 2 — The dominant jurisprudential theory of cause prior to the theory of adequate cause, the punkten har Gustav Radbruch argumenterat for att adekvansteorins  1929. 7. En teori om bevisbördan [A Theory of the Burden of Proof].

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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.. Life. Born in Lübeck, Radbruch studied law in Munich, Leipzig and Berlin.He passed his first bar exam ("Staatsexamen") in 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. Robert Alexy, Radbruch\u27s Formula, and the Nature of Legal Theory . By Brian H Bix. Abstract.

Elements of Modern Law Kurser Helsingfors universitet

Cambridge, Mass. 1950. 17.

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Spaak, Torben . Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. 2009 (English) In: Law and philosophy, ISSN 0167-5249, E-ISSN 1573-0522, Vol. 28, no 3, p. 261-290 Article in journal (Refereed) Published 2008-07-25 2008-09-30 GUSTAV RADBRUCH TRANSLATED BY BONNIE LITSCHEWSKI PAULSON AND STANLEY L. PAULSON I. By means of two maxims, ‘An order is an order’ and ‘a law is a law’, National Socialism contrived to bind its followers to itself, soldiers and jurists respec-tively.

Gustav Radbruch is well known for a formula that addresses the conflict of positive law and justice, a formula discussed in the context of the consideration of Nazi laws by the courts in the post-War German Federal Republic, and East German laws in the post-unification German courts. 2021-03-16 · Gustav Radbruch (1878-1949), German philosopher of law and statesman, was born into a well-to-do middle-class family. A baptized Lutheran, Radbruch was for many years critical of his church, but later in life he became increasingly religious, especially when confronted with the Nazi dictatorship. Bio: 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.
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PhilPapers PhilPeople PhilArchive PhilEvents PhilJobs. Syntax; Advanced Search — Gustav Radbruch Rechtsphilosophie (1932) „This view of a law and of its validity (we call it the positivistic theory) has rendered jurists and the people alike defenceless against arbitrary, cruel, or criminal laws, however extreme they might be. The Radbruch formula (German: Radbruchsche Formel) is a theory of law which was first formulated in a 1946 essay by the German law professor and politician Gustav Radbruch. According to the theory, a judge who encounters a conflict between a statute and what he perceives as just, has to decide against applying the statute if – and only if 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 META-ETHICS AND LEGAL THEORY: THE CASE OF GUSTAV RADBRUCH (Accepted 20 August 2008) I. INTRODUCTION Gustav Radbruch was one of Germany’s foremost legal phi-losophers, but his legal-philosophical views are known to English-speaking scholars, if at all, primarily through H. L. A. Hart’s brief rendition of his views on the nature of law in of Radbruch-the honest denial that the correctness or incorrect-ness of an ethical or practical value, of a working hypothesis, of any cultural theory, might be decided on the basis of experience.

Social Science Lutz K, Radbruch A, Wiestler B, Baumer P,. Wick W  113. Erik Eriksson. Pateman, C. (1970) Participation and democratic theory. är centralt.
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The Concept of Ideals in Legal Theory: 63: Taekema, Sanne

One can go one step further and say that Radbruch’s formula is at least in the period after the collapse of an unjust regime, is unnecessary because the new legislature has the power to override legal injustice by means of retroactive law. In addition, I would like to thank the participants in the symposium on Gustav Radbruch and Contemporary Jurisprudence held at Bristol University School of Law on 13–14 January 2006 for helpful comments on my presentation of the ideas put forward in this article. Last but not least, I would like to thank Robert Carroll for checking my English. Radbruch argued that this is consistent with the general understanding of law and the expectations for law. Other commentators have been concerned that Radbruch’s approach undermines the rule of law by giving significant and unpredictable discretion to judges to refuse to apply otherwise valid norms. Gustav Radbruch, 6 JOURNAL OF LEGAL EDUCATION 457, 481 (1954). The interest of the American reader in Radbruch's philosophy of law was first aroused by Anton-Hermann Chroust in his penetrating article, The Philosophy of Law of Gustav Radbruch, 53 THE PHILOSOPHICAL REVIEW 23-45 (1944).