The Analysis And Reference Of Radbruch’s Idea Of Law

Radbruch’s idea of law is formed in the most turbulent period in the history of mankind, but his discuss and summarize of the idea of law has widely recognized by most people. We must recognize that the knowledge is a summary of one people’s practice and experience of life, and it is the most valuable wealth of Radbruch’s that Join the army, politics and teaching. He was succeeded the essence of Kant’s philosophy of dualism and relativism, and then he put forward the four essence idea of the existence, value, meaning and essence. Meanwhile, his thoughts also absorbed the idea of the neo-Kantian philosophy of value, and on this basis he mix in his experience to create a new philosophy of law. He inherited the thought of Stammler and Stammler believe that it is necessary to separate the concept of law to two part:the concept of law and the idea of law. The last Radbruch conclude that the concept of law is a concept of culture and the idea of law is a judgment of value.The Radbruch think that the idea of law contains three elements——Justice, Purposiveness and Stability. Because justice is only an ultimate purpose and value of the pursuit, and the justice elements can not give a specific mode of operation, so it’s just a form of rationality. Purposiveness factor requirements should be specific content, and justice elements added, so it is a content determined by substantive justice. The method stability requirements is the reality of the law, namely the need for the real statute to maintain order and peace, and thus it is the principle of an order. But it is very complex between these three elements of the idea of law, The three elements who together dominate the law, this is not a "harmony" to dominate, but in a pro-active tense relationship. It is to give justice a conclusion than the mere pursuit of justice and more importantly, purposiveness conclusion. Radbruch more emphasizing the stability, but he also stressed that in the latter part of the justice of the law. All of this caused some questioned of Radbruch by some scholars, and this also caused the "Natural law steering" in Radbruch’s later years. Nevertheless, The idea of law is still the core of the philosophy of Radbruch. The combination of the three elements of the idea of law is a complete system. His idea of law has a huge influence to us. For example:As a starting point of the relativism is beneficial to help shape the character of Chinese legal relativism philosophy of law. It is beneficial to construct a wide range of legal research. And it is beneficial to us for selection and application the law. It is help to establish the authority of the law and the faith of law on the understanding of the idea of law itself, but also provides us with a set of scientific laws evaluation method.