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Relation between morality and lawMajanen, Maria
JFT 1–2/2016 s. 137–149
Gustav Radbruch was one of the famous German legal philosophers. Radbruch had introduced his thesis and his Formula in 1946, after the immediate influence of the 12 years of Nazi dictatorship, in his small article ‘Statutory Injustice and Suprastatutory Law’. In short, Radbruch’s Formula can be expressed as: When statutory rules reach a level of extreme injustice, so that the contradiction between positive law and justice becomes intolerable, they cease to be law. In this article, the writer first discusses Gustav Radbruch’s theory and his Formula generally and its importance in 20th century legal philosophy. Secondly the article concentrates on the philosophical conflict which his Formula causes in its disagreement with the concept of law. Also there is focus on the comparison of Radbruch’s pre-war and post-war work as it has been seen by scholars.