In 1946 Gustav Radbruch wrote “Statutory Lawlessness and Supra-Statutory Law”, in which he accuses legal positivism of leaving the legal system of Germany defenceless to the unjust and criminal laws created by the Nazi regime. He basis his accusation on the grounds that legal positivism establishes an automatized legal system, weaponized legal positivism and ______. I believe Radbruch’s accusations are justified but limited as I believe that Radbruch to places too much blame on the judges enforcing the laws and not enough on the juries and informers.
In his article Radbruch accuses legal positivism of rendering the German legal system defenceless to unjust laws. Radbruch outlines that legal positivism created an automatized legal system that limited free interpretation of law using moral viewpoints. This automatized legal system then provided the opportunity for the Nazi regime to enforce laws that were not created under the constitutional outline of the German …show more content…
I believe that the informers and juries were more vulnerable to the divide between morality and the law than the judges were due to their freedom of prosecution from the Nazi regime, as the judges would have been held accountable sometimes by death for not ruling in a particular way so even if a single judge wanted to break from the divide between law and morality, if he valued his own life, he could not. That being said the informers and juries act out of free will as their change in action, not reporting or ruling in a separate direction, would have been rarely punished, so their continual support of the ridged legal system even when it is completely and utterly immoral would render them the murders, not the
In his article Radbruch accuses legal positivism of rendering the German legal system defenceless to unjust laws. Radbruch outlines that legal positivism created an automatized legal system that limited free interpretation of law using moral viewpoints. This automatized legal system then provided the opportunity for the Nazi regime to enforce laws that were not created under the constitutional outline of the German …show more content…
I believe that the informers and juries were more vulnerable to the divide between morality and the law than the judges were due to their freedom of prosecution from the Nazi regime, as the judges would have been held accountable sometimes by death for not ruling in a particular way so even if a single judge wanted to break from the divide between law and morality, if he valued his own life, he could not. That being said the informers and juries act out of free will as their change in action, not reporting or ruling in a separate direction, would have been rarely punished, so their continual support of the ridged legal system even when it is completely and utterly immoral would render them the murders, not the