Paper's abstract

Gustav Radbruch, Legal Injustice and Supralegal Right
With an introduction by M. Walz In this famous article from 1946 two thesis are formulated, starting from the problem of the juridical reappraisal of national socialist acts of injustice: 1) legal positivism deprived the German lawyers of any protection against arbitrary and criminal laws, 2) the idea of justice as a "supralegal right" constitutes the ultimate and decisive yardstick of positive right. It is in particular the second thesis which has lost none of its topicality, as one could see recently with the trials of the "Wallshooters" in Germany.

Key Words : Germany, Radbruch, injustice
t. 39, 1994 : p. 305-318

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