Gustav radbruch's Role Introduction

Gustav radbruch (1878165438+1October 21-kloc-0/949165438+1October 23), male, doctor. Legal thinker, philosopher and social democrat. He studied under Franz von Liszt, a criminal reformer, and served as a professor of criminal law and philosophy of law in universities in Konigsberg, Kiel and Heidelberg, and served as Weimar * * * and Minister of Justice and editor of German General Criminal Code in 19265438 and 1922 and 1945 respectively. Representative works include: Introduction to Law, Philosophy of Law, Theory of Socialist Culture, Draft of German General Criminal Code, On the Elegance of Criminal Law, Spirit of English Law, History of Crime, etc .10000.000000000606

Chinese name: gustav radbruch.

Mbth: Gustav radbruch

Nationality: Germany

Place of birth: Lubeck, the northern German city.

Date of birth:1878165438+1October 2 1.

Date of death:1949165438+1October 23rd.

Occupation: jurist

Representative: Draft German General Criminal Code

Gender: male

Degree: Doctor.

outline

Gustav radbruch (1878165438+1October 21-kloc-0/949 65438+1October 23), male, was born in a businessman's family in the northern German city of Lubeck. 1884 entered the preparatory class of Dr. Busenyus middle school (dasProgymnasiumvonDr. Bussenius)。 1892- 1898 from the fourth grade of preparatory class to "Katarina" liberal arts middle school (GymnasiumKatherineu

M) Senior (fifth grade) study. /kloc-in the spring of 0/898, he obtained the graduation certificate of liberal arts middle school with "primusomnium". In the summer of the same year, I entered Munich University to study law. 1898- 1900 studied in Leipzig university for 3 semesters. 1900- 190 1 studied at Berlin university for 2 semesters. On May 20th, he passed the first national law examination with "good" results in the Berlin High Court of Appeal. Obtain the qualification of alternate judge of the court. 190 1- 1902 as an alternate magistrate in Lubeck. At the same time, I went to Berlin on vacation to attend a seminar on criminal law hosted by Franz von Liszt and prepare my doctoral thesis. 1902 12 On May 3rd, she passed the oral examination for doctoral students with excellent results and obtained her doctorate. 1903 12 16, recommended by KarlvonLilienthal, was qualified as a professor in Heidelberg. From 1 905101month1,he was in charge of the library of the law department in Heidelberg. 1906 was hired to teach in HandelshochschuleMannheim during the summer semester. On September 28th, 1907, with Lina Goetz(linang? Tz) married (1908 divorced). In the same year, he was elected as a member of the Democratic Party of Heidelbergestadtveronneten-Versammlung. 19 10 was appointed as an associate professor outside the establishment by Friedrich II, Grand Duke of Baden in February. 1910-1914 used to be the chairman of the Heidelberg administrative Committee and a member of the orphan affairs Committee. 1965438+In August 2003, I attended the funeral and memorial service of August Baerbel in Zurich. 1965438+in March 2004, I applied for the university of konigsberg (university? tK？ Nigsberg) is an associate professor of this institution. 19 15 was recruited as a Red Cross volunteer. In the same year165438+1October 9th, radbruch married LydiaSchenk. Military service is in1915-1918. He received military training in Heidelberg, then sent troops to Elsas, and then sent troops to Vol-Ebenyi. Trained as an officer in Fort Lee, Leyland. 1965438+served as second lieutenant in July 2008. 19 19 Join the German Social Democratic Party (SPD). In June of the same year, 65438- 10 became a full professor at Kiel University. 1920 was elected as a member of the Democratic Party of the German Parliament (Diefraktion Dermehirheitszialesdentschenreichstags). In Heidelberg, he participated in the revision of the party program of the New Social Democratic Party (published in 1925). In March of the same year, he was detained in Kiel during the Kapp-Putsches coup in 13 to 19. Later, he served as a member of the German National Assembly's constitutional committee. 1October 26th192/kloc-0 10 was appointed as the Minister of Justice of Binet Wilt. 1922 is responsible for drafting the Law on Defending National Laws, the Law on Compensation for Jurors and Jury Judges and the Law on Special Permission for Women to be Judicial Officers and Professional Judges. June+10, 5438, responsible for drafting the draft German general criminal code. 165438+1On October 23rd, after the fall of Wilt's cabinet, he returned to Kiel University as a teacher. 1923 August 13, took over the first and second cabinet justice departments of Stresman again. June 5438 +065438+ 10 After retiring from the Cabinet of Lehsmann, he returned to Kiel University as a professor. August 1926, 1 1, delivered a speech in commemoration of Constitution Day in Parliament (On Obligations of the Republic of China). In autumn, I was hired by Heidelberg University. 165438+ 10 13, delivered his inaugural speech "People in Law" in Heidelberg. 1928 rejected the employment of Hamburg University. 65438+65438 in 0929+ Served as consultant in Zhar Men's Prison in bruch since123 October. Rejected the employment of Berlin University 193 1. 1933 On May 9th, Baden (Nazi) authorities were dismissed from public office. 1934, forced to refuse foreign employment and invitation (kaunas University, new york University, Zurich University, Lyon University). 1935- 1936 As a visiting researcher at Oxford University, he visited Oxford University for one year. 1938165438+1October 2 1 day, Tokyo University of Commerce (hitotsubashi university) published the 60th birthday paper. 1939 On March 22nd, her daughter RenateRadbruch was killed in an avalanche accident in the Bavarian Alps. 1942 65438+On February 6th, his son Anselm radbruch died after being seriously injured on the East Line. 1On September 7th, 945, radbruch resumed his teaching position and became the Dean of the Law School of Heidelberg University. 1948 July 13, farewell speech. July 14, rejoined the German Social Democratic Party. 165438+1October 2 1, held a 70th birthday celebration, and was awarded honorary doctorates from the University of Heidelberg and the University of G? ttingen. He has published essays on Birthday, Philosophy of Culture and Philosophy of Law. Elected to Heidelberg Academy of Sciences. 1949165438+1October 2 1 day, radbruch had a sudden myocardial infarction and died in Heidelberg on1October 23.

main work

Radbruch wrote a lot in his life. The main work includes:

On abortion (co-written with Groteyan, 192 1 edition);

Collection of legal wisdom aphorisms (edited by Arthur Kaufman, 1963 edition);

On the lofty spirit of the Enlightenment: a draft history of humanism and * * economism (edited by radbruch, 1948 edition);

Introduction to law (1910);

On the Elegance of Criminal Law: Fourteen Issues on the History of Criminal Law (1938);

Protestant fellowship as a difficult problem (1927);

Draft German General Criminal Code (version 1922, 1952);

Paul Johann Anselmus von Feuerbach: The Life of a Jurist (version 1934);

Feuerbach's Memorial Speech and Three Academic Manuscripts (version 1952);

Theodore fontana, or Doubt and Faith (1945);

Criminal law of fascism (1933);

Midwifery and Criminal Law (version 1907);

The spirit of English law (1946);

Illegality of law and extra-legal law (1946);

Catholic Church as the Subject of International Law (1950);

Man and Thought (1944);

History of Crime (co-authored with Heng gwinner, 195 1 edition);

Outline of Philosophy of Law (version 19 14);

The Significance of the Concept of Behavior to the Criminal Law SystemOn the Legal System (1904 Edition);

The road to the soul: my life (195 1 year);

You young law students! "(19 19 version);

Judicial cartoons (1947);

Compendium of legal aphorisms: Anserme aphorisms (1954);

On socialist culture (1922);

The concept of classification and order in legal thinking (1938);

Beyond Marxism? "( 1926);

People in Law (version 1927);

People in Law: Selected Reports and Articles on Basic Issues of Law (edited by Fritz von hippel, 1957 edition);

The essence of things as a form of legal thinking (version 1948);

Criminal Law Reform and National Socialism (1933);

The problem of legal concept (1924);

Rules of the Criminal Court of Karl V (version 1932) (annotated by radbruch, version 1939- 1940);

Philosophy of war (1917);

Psychology of imprisonment (19 1 1 year);

Philosophy of religious law (1919);

On the obligations of the Republic of China (1926);

The concept and essence of law, (1923-1924);

The honor and outcome of the Ministry of Justice of the Republic of China (1948);

Roman law and revolution (19 19 edition);

Justice: Interpretation of the Gelitz Plan (1922);

Philosophy of law (version 1932);

Addendum to Philosophy of Law (8th edition,1973);

Legal philosophy and legal practice (1932);

Laws in the social nation-state (1919);

Law as a legal creation: the dispute of legal methods (1905);

Socialism and culture (1919);

Civic education as a discipline (1948);

/kloc-three textbooks of criminal law in the 0/9th century (1949);

The task of civic course (1924);

On criminology system (1930);

Belief offender (1924);

Constitutional speech at the celebration of the Republic of China in August1928+01(1928);

Introduction to philosophy of law (1947 edition);

Complete works of radbruch (edited by Arthur Kaufman, 20 volumes, later 1987)

Representative articles

Five-minute philosophy of law

Radbruch translated Shu.

The first minute

For soldiers, orders are orders. For legal professionals, law is law. However, when a soldier understands that the purpose of an order is to commit a crime or violate the law, he has the obligation and right to suspend obedience; However, since the last batch of natural law scholars disappeared from the group of jurists about 100 years ago, legal professionals have never realized the effectiveness of the law and the same exception of obeying the law. Law is effective only because it is a law; Moreover, under normal circumstances, as long as it has the power to implement, it is the law.

Holding the above viewpoint on law and its effectiveness (we call it positivism theory) makes legal professionals and the whole nation have no self-defense ability against this arbitrary, cruel and sinful law. (According to the "Third Reich" law ruled by Hitler here) They finally equate law with power: where there is power, there is law.

The second minute

Some people want to supplement or replace the previous paragraph with the following sentence: whatever is beneficial to the people is the law.

This means: willfulness, breaking the contract, breaking the law, as long as it is beneficial to the people, it is the law. In fact, this means that things that those who hold state power think are beneficial to society, dictators' whimsy and temperamental temperament, freedom from punishment by law and trial, illegal murder of the elderly, the weak and the sick, and so on are all laws. It may also mean that the selfishness of the ruler is regarded as the public interest. Therefore, comparing the law with the invented or fabricated people's interests will turn the rule of law into an illegal country.

No, there is no need to claim that everything beneficial to the people is law; On the contrary: only legal things are beneficial to the people.

The third minute

Legal intention tends to justice. Justice just means: no matter who you are, treat everyone equally.

If the murder of political opponents is respected, the murder of different people is desired, and like-minded people are treated with the same behavior and punished with the most cruel and humiliating punishment, it is neither justice nor law.

Once the law deliberately refuses to move towards justice, such as recognizing and denying human rights according to willfulness, then such laws will be invalid, people will not bear the obligation of obedience, and legal professionals must summon up courage to deny the legal nature of these laws.

The fourth minute

Indeed, in addition to justice, public interest is also a goal of the law. Indeed, the law, even if it is a bad law, always has some value-the value of being suspicious of the law. Indeed, human imperfection does not always unify the three values of law, namely, public interest, legal stability and justice. Therefore, people can only weigh: either promote the effectiveness of evil laws, harmful laws or unjust laws for the sake of legal stability, or deny their effectiveness because of injustice or harm to the public. The consciousness of the whole nation and jurists must be deeply branded: perhaps some laws are so unjust and harmful that their effectiveness and legal nature must be denied.

The fifth minute

There are also some basic principles of law, which are more powerful than any legal rule, so that a law becomes invalid if it conflicts with them. People call these basic principles natural law or rational law. Indeed, they still contain some doubts in specific aspects, but centuries of efforts have shaped such a solid entity, which has been widely and harmoniously integrated into the so-called Declaration of Human Rights and Civil Rights. As for some aspects, we can only remain suspicious because of doubt.

In the language of religious belief, the same idea is written in two sentences of the Bible. One of them said: obey those who have power over you. Another sentence reads: It is appropriate to obey God instead of people-this is not only a sincere wish, but also an effective legal rule. However, the tension between these two biblical sentences cannot be resolved by the third sentence, such as the proverb "Caesar's business belongs to Caesar, and God's business belongs to God"-because this proverb makes people doubt the boundaries. More precisely, we should resort to the voice of God to solve it, and the voice of God is only declared to people in personal conscience when facing special circumstances.

Character view

The judge is the door for the law to enter the real kingdom from the spiritual kingdom and control the social life relationship. With the help of the judge, the law finally came out.