Radbruch as an Affirmative Holist. On the Question of What Ought to Be Preserved of His Philosophy

Ratio Juris 21 (3):387-403 (2008)
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Abstract

. Gustav Radbruch is one of the most important German-speaking philosophers of law of the twentieth century. This paper raises the question of how to classify Radbruch's theories in the international context of legal philosophy and philosophy in general. Radbruch's work was mainly influenced by the southwest German school of Neo-Kantianism, represented by Windelband, Rickert, and Lask. Their theories of culture and value show an affirmative-holistic understanding of philosophy as a source of wisdom and meaningfulness. Kant, on the other hand, belongs more to a fundamentally different, critical camp of philosophy. Although Radbruch has incorporated Kantian Elements into his theory, he is rather a member of the affirmative-holistic camp. In the end the question will be raised as to what ought to be preserved of his philosophy

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Dietmar von der Pfordten
Universität Göttingen

Citations of this work

A Perspective of Objectivity in International Human Rights Treaties.Jingjing Wu - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):369-390.

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References found in this work

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Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
Summa Theologiae (1265-1273).Thomas Aquinas - 1911 - Edited by Fathers of the English Dominican Province.
Grundlegung zur metaphysik der sitten.Immanuel Kant - 1785 - Gotha,: L. Klotz. Edited by Rudolf Otto.

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