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Comments On Radbruch's Legal Philosophy

Posted on:2012-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:P L LuFull Text:PDF
GTID:2166330335956699Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
Gustav Radbruch was a famous legal philosopher and statesman in Germen of the 20th century. His legal philosophy derived from Neokantianism. Abased on a categorical cleavage between "being" and "should", Radbruch interpolated the value-related cultural studies and created a triadism of legal philosophy.After World War II, Radbruch took cognizance of Nazi crimes, revised his foregoing thought and proposed "Radbruch's formula".The academic circle has had the dispute to the Radbruch's thought, but no matter what, Radbruch had found another way with the exception of the legal positivism school and the natural law school. Especially in resonsideration totalitarianism society China and France in illegal question, the Radbruch's theory has the important meaning. The research of Radbruch's thought is helpful to us to understand the meaning of law and discover the contradictions which exist in the interior of legal system inevitably, thus that would provide the mentality and the benefits for us to construct the more reasonable legal system.
Keywords/Search Tags:Radbruch, relativism, legal philosophy
PDF Full Text Request
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