Radbruch's Formula And Its Contemporary Inspiration

The creator of the Radbruch formula is the famous German legal philosopher and social democrat Gustav Lambert Radbruch.Radbruch is a follower of neo-Kantism,and his unique philosophy of law relies on relativism developed with Kant's dualism.After World War II,Radbruch shifted from positivism to natural law,justice tended to the ultimate in his legal philosophy,and Radbruch formula came into being.In the Nuremberg trial,the application of the Radbruch formula effectively solved the various legal problems left over by the Nazi government headed by Hitler.The Radbruch formula can be subdivided into an intolerable formula and a denial formula,both of which play a role at the level of legal validity and legal concept.The former is mainly used to deny the definite evil law,and the latter tends to deny the value of the law.Jumping out of the specific historical framework of the Radbruch formula is still of universal theoretical value and practical significance for its research.The intolerance of the formula in the contemporary judicial practice draws a reasonable boundary for the judicial application of "evil law is also law",and at the same time provides a theoretical basis for the judge to explain the law;denying the formula provides the establishment of good law and basic human rights in contemporary legislation Measurement standards and guarantees.