Statutory Lawlessness and Supra-Statutory Law (1946)
Statutory Lawlessness and Supra-Statutory Law (1946)
复制标题
成文法的无法无天与超成文法 (1946)
DOI:
10.1093/ojls/gqi041
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发表时间:
2006
影响因子:
1.2
通讯作者:
G. Radbruch
中科院分区:
文献类型:
--
作者:
G. Radbruch
By means of two maxims, 'An order is an order' and 'a law is a law', National Socialism contrived to bind its followers to itself, soldiers and jurists respectively. The former tenet was always restricted in its applicability; soldiers had no obligation to obey orders serving criminal purposes.' 'A law is a law', on the other hand, knew no restriction whatever. It expressed the positivistic legal thinking that, almost unchallenged, held sway over German jurists for many decades. 'Statutory lawlessness' was, accordingly, a contradiction in terms, just as 'supra-statutory law' was.2 Today, both problems confront legal practice time and time again. Recently, for example, the Siiddeutsche Juristen-Zeitung published and commented on a decision of the Wiesbaden Municipal Court [handed down in November of 1945], according to which the 'statutes that declared the property