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Radbruch's Legal Philosophy Of Value Relativism

Posted on:2011-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:B WenFull Text:PDF
GTID:2166360305991775Subject:Legal theory
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Gustav Radbruch he in German legal thought's history is a controversial and a full academic charm's law thinkers. A complete and systematic studying his law idea will help promoting China's law towards diversification, modern direction.Radbruch's value relativism law philosophy has a long self-history and is far-reaching impact. He is the outstanding representative of Neo-Kantian movement, not only inherit Kant's philosophy's the mainstream of theory and summed up the Kantian and neo-Kantian philosophers thought the achievements, but also established his own unique theory. The most valuable is that he will be the value of the introduction of legal research and put the concept of law forward different from the natural law and positive law, which "concerned in the value of reality". He transforms the dualism of traditional law that is " natural and real" or "value and reality" to trialism that is the "values, culture, and reality", which solve the "antinomy" of contemporary issues, in order to provide the Nuremberg trials of World Warâ…¡a reliable legal basis.Unique and profound value relativism philosophy of law makes the world's thinkers assessment of his thought, in his lifetime, behind him, has been mixed, endless controversy. The main reason in the final analysis is that most of the researchers have not been able to thoroughly explore the essence of value relativism philosophy of law and thus fall into the so-called "shift" in error. The author believes that Radbruch's legal philosophy of value relativism never shifts from the natural law to Legal positivism. The essence is to melt the essence of the two things into a furnace. He known as " a wonderful worker of the philosophy of law in the history".
Keywords/Search Tags:Radbruch, value relativism, dualism, trialism, Neo-Kantian
PDF Full Text Request
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