Gustav Radbruch's Logic of Legal Science Cover Image

Logika pravne nauke Gustava Radbrucha
Gustav Radbruch's Logic of Legal Science

Author(s): Ivo M. Tomić
Subject(s): Philosophy
Published by: Univerzitet u Sarajevu
Keywords: Gustav Radbruch; Wilhelm Windelband; Heinrich Rickert; Immanuel Kant; Chaїm Perelman; law; justice; reality; value; culture; morality; science on law; legal science; logic

Summary/Abstract: Philosophical and legal, as well as legal and logic study entitled “Gustav Radbruch’s Logic of Legal Science” presents, analyses and critically comments Radbruch’s understanding of the world and the phenomenon of law. The study begins by Radbruch’s understanding of the law as reality which aims towards justice and, on that primary level, it tries to solve the antinomies of justice as the idea of law and legal safety and purpose. The author then explains the difference between the sciences dealing with law and pure dogmatic, systematic and legal science. The logic of pure dogmatic legal science is analyzed in three basic aspects – interpretation, construction and systematization. On those basis the difference between the two basic notions is explained (after construction) – the notion of legally relevant and true legal terms. After these postulates are presented, the study focuses on Radbruch’s understanding of the legal science as a cultural science connected with values and based on understanding and individualization. The final section of the study shows ethical reflections of Radbruch’s understanding of law as an overlap of reality and values which leads to reconciliation and morality.

  • Issue Year: L/2009
  • Issue No: 1
  • Page Range: 59-92
  • Page Count: 34
  • Language: Bosnian