Frasi di Gustav Radbruch
Data di nascita: 21. Novembre 1878
Data di morte: 23. Novembre 1949
Gustav Radbruch è stato un politico e giurista tedesco.
Fu un importante filosofo del diritto, autore della celebre formula sul torto legale che porta il suo nome ancora oggi.
Frasi Gustav Radbruch
„The validity of demonstrably wrong law cannot conceivably be justified. However, any answer to the question of the purpose of law other than by enumerating the manifold partisan views about it has proved impossible— and it is precisely on that impossibility of any natural law, and on that alone, that the validity of positive law may be founded. At this point relativism, so far only the method of our approach, enters our system as a structural element.
„Positivism, with its principle that ‘a law is a law’, has in fact rendered the German legal profession defenceless against statutes that are arbitrary and criminal. Positivism is, moreover, in and of itself wholly incapable of establishing the validity of statutes. It claims to have proved the validity of a statute simply by showing that the statute had sufficient power behind it to prevail. But while power may indeed serve as a basis for the ‘must’ of compulsion, it never serves as a basis for the ‘ought’ of obligation or for legal validity. Obligation and legal validity must be based, rather, on a value inherent in the statute.“
„This view of a law and of its validity (we call it the positivistic theory) has rendered jurists and the people alike defenceless against arbitrary, cruel, or criminal laws, however extreme they might be. In the end, the positivistic theory equates law with power; there is law only where there is power.“
„Because a judgement on the truth or error of the differing convictions in law is impossible, and because on the other hand a uniform law for all citizens is necessary, the law-giver faces the task of cleaving with a stroke of the sword the Gordian knot which jurisprudence cannot untangle. Since it is impossible to ascertain what is just, it must be decided what is lawful. In lieu of an act of truth (which is impossible) an act of authority is required. Relativism leads to positivism.“
— Gustav Radbruch
Der Relativismus in der Rechtsphilosophie (1934).