The Analysis Of Radbruch Philosophy Of Law

In modern Western legal history, neo-Kantian schools of jurisprudence have not occupied a dominant position, but they have a profound impact ,as well as providing the rich source of intellectual for us to reflect. As one of major characters of neo-Kantian schools of law in the peak, Radbruch's philosophy of law left a deep impression to us. It is well known that After World War II, Radbruch proposed the famous "Radbruch formula", which makes his idea may seem contradictory, and this caused the jurist after him to argue furiously. As some scholars classify Radbruch as natural law camp, while others think that he is an out-of positivism; There are some scholars believe that Radbruch have exceeded the natural law and legal positivism two philosophical factions, is an absolute relativist; Some scholars have denied all of the above point of view,in their view, Radbruch philosophy of law is short of systemic coherence, and it is full of contradiction and tension. It is difficult to carry out such a simple classification. What are the characteristics of Radbruch's Philosophy of Law in the end?It should be classified as to which camp? Or which camp it is closer to?This thesis intends to discuss these issues.To solve these issues, this article will be discussed in the following sections:Introduction firstly puts forward the problem that will be solved in this thesis and view of domestic and foreign commentators on the problem, and then introduces the methods and ideas by how to discuss the problem ,and points out my own views.The first part briefly introduces the theoretic background of Radbruch's philosophy of law, Which is divided into two parts: the philosophical background and legal context, and on this basis indicate that his theory takes a revival of natural law as his responsibility in the first .The second part specifically discusses the Radbruch road of reviving natural law. Firstly it demonstrates the revival of natural law comes to ture by truning the philosophy of law into the philosophy of culture of the law, and thus indicating his theory walks up to a positive relativism, but it is not yet clarfied whether his theory revives natural law or not in the end.To undertake the problems of the second part of my thesis, through a comparative analysis the third part come to a conclusion that Radbruch successfully revived the natural law, and advanced a unique theory of natural law. Then concluding that the point of view that Radbruch after World War II turned to the natural law theory is not correct, I believe that there is no so-called steering problem, "Radbruch formula" only is a manifestation of practicing his own theory.The part of the conclusion is to indicate the reason of writing this article, and to emphasize the author's point of view further.