Five minutes of Legal Positivism
DOI:
https://doi.org/10.12957/rfd.2013.5472Keywords:
Legal positivism, Radbruch, five minutes.Abstract
On semptember 12,1945, after twelve years of the national-socialist regime and six yearsof another world war, Gustav Radbruch, one of the most notable jurists and legal philosophers inGermany, circulated among the students of Heidelberg Law School his notorioustext “Fiveminutes of Legal Philosophy”. This concise and emphatic work, in sum, attributesto legalpositivism the responsibilities foracts of savagery and arbitrariness committed, under theprotection of law, by the nazi. The following paper intendsnot only to refuteRadbruch’scriticismof positivism – demystifying and deconstructing most of the confusions andmisunderstandings built from the wrong conclusions of this legal philosopher – but also, in thecourse of this workto offer some perspectives on the concept of legal positivism.
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