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Encyclopedia > Gustav Radbruch

Gustav Radbruch, born November 21, 1878 in Lübeck; died November 23, 1949 in Heidelberg, was a German law professor, most famous for the Radbruchsche Formel (Radbruch's formula) which states that where statutory law is incompatible with the requirements of justice "to an intolerable degree", or where statutory law was obviously designed in a way that negates on purpose "the equality that is the core of all justice", statutory law must be disregarded by a judge in justice's favour. He developed this principle in response to the Nazi era, and since its first publication in 1946 the principle has been accepted by Germany's Federal Constitutional Court in a variety of cases. It has meant a shift from the legal positivism of the older German legal tradition, which many people blame partially for the ease of the outwardly legal rise of Hitler to power, to a concept of natural law more in tune with Anglo-Saxon legal tradition. November 21 is the 325th day of the year (326th in leap years) in the Gregorian Calendar. ... 1878 was a common year starting on Tuesday (see link for calendar). ... Statistics State: Schleswig-Holstein District: Independent city Area: 214. ... November 23 is the 327th day of the year (328th in leap years) in the Gregorian Calendar, with 38 days remaining. ... 1949 is a common year starting on Saturday. ... Map of Germany showing Heidelberg Heidelberg (halfway between Stuttgart and Frankfurt) is a city in Baden-Württemberg, Germany. ... Corruption Jurisprudence Philosophy of law Law (principle) List of legal abbreviations Legal code Intent Letter versus Spirit Natural Justice Natural law Religious law Witness intimidation Legal research External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary Law, Legal Definitions... Statutory law is written law (as opposed to oral or customary law) set down by a legislature or other governing authority such as the executive branch of government in response to a perceived need to clarify the functioning of government, improve civil order, answer a public need, to codify existing... Justice is a concept involving the fair, moral, and impartial treatment of all persons, especially in law. ... The Nazi party used a right-facing swastika as their symbol and the red and black colors were said to represent Blut und Boden (blood and soil). ... 1946 was a common year starting on Tuesday. ... Legal positivism is a school of thought in modern and contemporary jurisprudence and the philosophy of law. ... Adolf Hitler Adolf Hitler (April 20, 1889 – April 30, 1945, standard German pronunciation in the IPA) was the Führer (leader) of the National Socialist German Workers Party (Nazi Party) and of Nazi Germany from 1933 to 1945. ... The natural law or law of nature is a system of justice that exists independently of the positive law of a given political order. ...


  Results from FactBites:
 
Gustav Radbruch Summary (1263 words)
After the war, Radbruch recoiled from the extremes of tolerance—as practiced by the Weimar Republic during the rise of the Nazi movement—having witnessed the unprecedented barbarism of the Third Reich, which was largely covered by a formal notion of law.
Gustav Radbruch, born November 21, 1878 in Lübeck; died November 23, 1949 in Heidelberg, was a German law professor and political figure.
Radbruch was a member of the Social Democratic Party of Germany (SPD), and held a seat in the Reichstag from 1920 to 1924.
Biographie: Gustav Radbruch, 1878-1949 (411 words)
Radbruch tritt der Sozialdemokratischen Partei Deutschlands (SPD) bei und ist entschiedener Befürworter der Weimarer Reichsverfassung.
Radbruchs Werke werden Standardlehrbücher an Universitäten der Bundesrepublik Deutschland.
Seine rechtsphilosophischen Postulate finden in der juristischen Bewältigung der nationalsozialistischen Verbrechen Anwendung.
  More results at FactBites »

 

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