Gustav Radbruch

“The most conspicuous characteristic of Hitler’s personality, which became through his influence the pervading spirit of the whole of National Socialist ‘law’ as well, was a complete lack of any sense of truth or any sense of right and wrong.”

“To be sure, one value comes with every positive-law statute without reference to its content: Any statute is always better than no statute at all, since it at least creates legal certainty. But legal certainty is not the only value that law must effectuate, nor is it the decisive value. Alongside legal certainty, there are two other values: purposiveness and justice. In ranking these values, we assign to last place the purposiveness of the law in serving the public benefit.”

“Of course it is true that the public benefit, along with justice, is an objective of the law. And of course laws have value in and of themselves, even bad laws: the value, namely, of securing the law against uncertainty.”

“This view of a law and of its validity (we call it the positivistic theory) has rendered jurists and the people alike defenceless against arbitrary, cruel, or criminal laws, however extreme they might be. In the end, the positivistic theory equates law with power; there is law only where there is power.”

“Concepts such as legal subject and legal object, legal relation and legal wrong, and indeed the very concept of law itself, are not accidental possessions of several or all legal orders but are necessary prerequisites if any legal order is to be understood as legal.”

“The concept of law can be defined only as the reality tending toward the idea of law.”

“It is the professional duty of the judge to validate the law’s claim to validity, to sacrifice his own sense of the right to the authoritative command of the law, to ask only what is legal and ask not if it is also just.”

“As it is the essence of justice ultimately to shape those relations in the sense of equality, so it is essential to the legal precept in its meaning to be directed toward equality, to claim to be susceptible of generalization or to be general in character.”

“Philosophy is not to relieve one of decisions, but to confront him with decisions. It is to make life not easy but, on the contrary, problematical.”

“Because a judgement on the truth or error of the differing convictions in law is impossible, and because on the other hand a uniform law for all citizens is necessary, the law-giver faces the task of cleaving with a stroke of the sword the Gordian knot which jurisprudence cannot untangle. Since it is impossible to ascertain what is just, it must be decided what is lawful. In lieu of an act of truth (which is impossible) an act of authority is required. Relativism leads to positivism.”