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Radbruch Formula
The Radbruch formula (German: ''Radbruchsche Formel'') is a theory of law which was first formulated in a 1946 essay by the German law professor and politician Gustav Radbruch. According to the theory, a judge who encounters a conflict between a statute and what he perceives as just, has to decide against applying the statute if – and only if – the legal concept behind the statute in question seems either "unbearably unjust" or in "deliberate disregard" of human equality before the law. Radbruch's formula is rooted in the situation of a civil law system. It is believed to be a reaction to Radbruch's experience of the judiciary in Nazi Germany and has been applied in the decision of courts in the Federal Republic of Germany numerous times. Some authors regard his essay ''Gesetzliches Unrecht und übergesetzliches Recht'', which first included his theory, as one of the most influential German legal-philosophical writings of the 20th century.For example S. Paulson and R. Dreier, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gustav Radbruch
Gustav Radbruch (21 November 1878 – 23 November 1949) was a German legal scholar and politician. He served as Minister of Justice of Germany during the early Weimar period. Radbruch is also regarded as one of the most influential legal philosophers of the 20th century. Life Born in Lübeck, Radbruch studied law in Munich, Leipzig and Berlin. He passed his first bar exam ("Staatsexamen") in Berlin in 1901, and the following year he received his doctorate with a dissertation on "The Theory of Adequate Causation". This was followed in 1903 by his qualification to teach criminal law in Heidelberg. In 1904, he was appointed Professor of criminal and trial law and legal philosophy in Heidelberg. In 1914 he accepted a call to a professorship in Königsberg, and later that year assumed a professorship at Kiel. Radbruch was a member of the Social Democratic Party of Germany (SPD), and held a seat in the Reichstag from 1920 to 1924. In 1921–22 and throughout 1923, he was minister of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nazi Germany
Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was the German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a dictatorship. Under Hitler's rule, Germany quickly became a totalitarian state where nearly all aspects of life were controlled by the government. The Third Reich, meaning "Third Realm" or "Third Empire", alluded to the Nazi claim that Nazi Germany was the successor to the earlier Holy Roman Empire (800–1806) and German Empire (1871–1918). The Third Reich, which Hitler and the Nazis referred to as the Thousand-Year Reich, ended in May 1945 after just 12 years when the Allies defeated Germany, ending World War II in Europe. On 30 January 1933, Hitler was appointed chancellor of Germany, the head of gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing military alliances: the Allies and the Axis powers. World War II was a total war that directly involved more than 100 million personnel from more than 30 countries. The major participants in the war threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. Aircraft played a major role in the conflict, enabling the strategic bombing of population centres and deploying the only two nuclear weapons ever used in war. World War II was by far the deadliest conflict in human history; it resulted in 70 to 85 million fatalities, mostly among civilians. Tens of millions died due to genocides (including the Holocaust), starvation, massa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Constitutional Court Of Germany
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice. The main task of the Federal Constitutional Court is judicial review, and it may declare legislation unconstitutional, thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law), and do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Justice Of Germany
The Federal Court of Justice (german: Bundesgerichtshof, BGH) is the highest court in the system of ordinary jurisdiction (''ordentliche Gerichtsbarkeit'') in Germany, founded in 1950. It has its seat in Karlsruhe with two panels being situated in Leipzig since 1997 and 2020, respectively. It is the supreme court (court of last resort) in all matters of criminal law and private law. A decision handed down by the BGH can be reversed only by the Federal Constitutional Court of Germany on constitutionality (compatibility with the Basic Law for the Federal Republic of Germany) grounds. History Before the Federal Court of Justice of Germany was created in its present form, Germany had several highest courts: As early as 1495 there was the ''Reichskammergericht'', which existed until 1806. As from 1870, in the time of the North German Confederation, there was the ''Bundesoberhandelsgericht'' in Leipzig. In 1871, it was renamed to '' Reichsoberhandelsgericht'' and its area of res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
East Germany
East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state was a part of the Eastern Bloc in the Cold War. Commonly described as a communist state, it described itself as a socialist "workers' and peasants' state".Patrick Major, Jonathan Osmond, ''The Workers' and Peasants' State: Communism and Society in East Germany Under Ulbricht 1945–71'', Manchester University Press, 2002, Its territory was administered and occupied by Soviet forces following the end of World War II—the Soviet occupation zone of the Potsdam Agreement, bounded on the east by the Oder–Neisse line. The Soviet zone surrounded West Berlin but did not include it and West Berlin remained outside the jurisdiction of the GDR. Most scholars and academics describe the GDR as a totalitarian dictatorship. The GDR was established i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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