Gustav Radbruch (21 November 1878 – 23 November 1949) was a German legal scholar and politician. Google Play, Android and the Google Play logo are trademarks of Google Inc. 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Fu un importante filosofo del diritto, autore della celebre formula sul torto legale gesetzliches Unrecht che porta il suo nome ancora oggi. 37, pp. Available in English, Spanish, Portuguese, Japanese, Chinese, French, German, Italian, Polish, Dutch, Russian, Arabic, Hindi, Swedish, Ukrainian, Hungarian, Catalan, Czech, Hebrew, Danish, Finnish, Indonesian, Norwegian, Romanian, Turkish, Vietnamese, Korean, Thai, Greek, Bulgarian, Croatian, Slovak, Lithuanian, Filipino, Latvian, Estonian and Slovenian. See Gustav Radbruch, “Neue Parteien – Neuer Geist” (December 1, 1945) in Gesamtausgabe: Staat und Verfassung, Band 14, revised by Hans–Peter Schneider and Arthur Kaufmann, eds. The particular focus is the methodological question of what Radbruch and Alexy's formulations - and their strengths and weaknesses - can show us about the nature of theorizing about law. From Wikipedia, the free encyclopedia. Publisher, Schneider, Length, 23 pages. 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 – the legal concept behind the statute in question seems either “unbearably injust” or in “deliberate disregard” of human equality before the law. 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. Unionpedia is a concept map or semantic network organized like an encyclopedia – dictionary. In altri progetti Wikimedia Commons. 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 defendants in those cases argued that, according to National Socialist statutes valid at the time of their actions, their deeds were legal. Both Radbruch and Alexy claim that their positions are incompatible with legal positivism, and therefore count as a rejection (and perhaps, refutation) of it. It gives a brief definition of each concept and its relationships. Questi sparavano sulle persone che cercavano di oltrepassare il muro di Berlino per adempiere ad ordini gerarchici. Abstract. Law is a set of words that are systematically linking an authoritative text, according to Gustav Radbruch, it should contain three (3) elements, namely fairness, certainty and expediency. This is a giant online mental map that serves as a basis for concept diagrams. Gesetzliches Unrecht und übergesetzliches Recht: (). Secondo questa dottrina, il dover essere non implica necessariamente l’essere. The courts used Radbruch’s formula to argue that some statutes had been so intolerable that they had not been law in the first place and consequently could not be used to justify the deeds in question. It is impossible to draw a sharper line of demarcation between cases of legal injustice and statutes that are applicable despite their erroneous content; however, another line of demarcation can be drawn with rigidity: Dal prese a insegnare diritto penale a Heidelberg. We also use third-party cookies that help us analyze and understand how you use this website. Retrieved from ” https: Please help improve this article by adding citations to reliable sources. This page was last edited on 16 Decemberat Views Read Edit View history. Secondo questa dottrina, il dover essere non implica necessariamente l’essere. This page was processed by aws-apollo5 in 0.142 seconds, Using the URL or DOI link below will ensure access to this page indefinitely. Its first court appearances were in cases concerned with National Socialist crimes. April Learn how and when to remove this template message. 139-149, 2006, Minnesota Legal Studies Research Paper 06-13, 11 Pages More recently, the Radbruch formula reappeared in trials against East German soldiers, ordered to protect the inner-German border. Necessary cookies are absolutely essential for the website to function properly. These cookies do not store any personal information. for the academic world: for school, primary, secondary, high school, middle, technical degree, college, university, undergraduate, master's or doctoral degrees; BWV Berliner-Wissenschaft, – 17 pages.
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