Analysis Of The Radbruch Formula

For the post-war German court facing how to deal with pending cases because of the Nazi tyranny caused evil regime and civil possible criminal acts of revenge, Mr Radbruch published ”the law of injustice and beyond the law of justice” in 1946, the article puts forward the famous formula of radbruch used to solve the difficulties faced by the German court, claiming the stability based on justice, purposiveness and stability of law to deal with the relationship between the effectiveness of the Nazi legal problems. Radbruch formula based on the "whistleblower case," "Jewish nationality case" and the "Berlin Wall shooting" successfully resolved has been used widely in similar German court trial. For radbruch formula caused people think happened turns to question of the law philosophy, the paper gives a detailed analysis to put forward a point of view.The article is composed of introduction, text and conclusion, which body contains five parts:The first part discusses the background Radbruch formula, which consists of two parts, the first part expounds the background of the case through four cases, the second part though Dualism, Neo-Kantianism of value and Legal Positivism explains its theoretical background.The second part describes the relationship between Radbruch formula concept, content, and content between the three elements, an overview of Radbruch formula.The third part discusses the before and after World War II, Radbruch philosophy problem, through the support and opposition factions says carefully contrast, found radbruch law philosophy beyond traditional natural law and legal positivism is actually a practice philosophy.The fourth part through the Hart- Fuller on the "whistleblower case" plan to resolve the dispute leads to Radbruch formula "Jewish nationality case" and tthe "Berlin Wall shooting",the case and decided to use the predictability and legitimacy theory applied conflict.The fifth part of the definition of justice by contradictory judicial process will use the concept of justice and judgment and interpretation of positive law which content reached intolerable levels of rights given to the judge, to explain Radbruch limit formula. By law character shaping modern social transition, establishing and building the legal authority and credibility of the rule of law to provide ideas to illustrate revelation Radbruch formula.