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Radbruch formula
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The Radbruch formula (German: Radbruchsche Formel) is a theory of law which was first formulated in a 1946 essay by the German law professor and politician Gustav Radbruch. According to the theory, a judge who encounters a conflict between a statute and what he perceives as just, has to decide against applying the statute if – and only if – the legal concept behind the statute in question seems either unbearably injust or in deliberate disregard of human equality before the law. • Radbruch's formula is rooted in the situation of a civil law system. It is believed to be a reaction to Radbruch's experience of the judiciary in Nazi Germany and has been applied in the decision of courts in the Federal Republic of Germany numerous times. By some authors, the Radbruch essay Gesetzliches Unrecht und übergesetzliches Recht, which first included his theory, is regarded as one of the most influential German legal-philosophical writings of the 20th century. • Source: https://en.wikipedia.org/wiki/Radbruc... • Created with WikipediaReaderReborn (c) WikipediaReader
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