On Radbruch’s formula Cover Image

O formule Radbrucha
On Radbruch’s formula

Author(s): Jan Woleński
Subject(s): Ethics / Practical Philosophy, Philosophy of Law, Hermeneutics
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: law and morality; nomological necessity; external morality of law; supra-statutory law; law-governed state;

Summary/Abstract: The aim of this article is to analyse Radbruch’s formula (lex iniustissima non est lex) with regard to the notions it contains and to indicate that it expresses a basic problem of philosophy of law linked to the discussion between legal positivism and the doctrines of natural law. That analysis underpins the proposal for a possible rational compromise between the two standpoints. The main problem in the dispute between the rival doctrines amounts to the adoption of some material criterion for defining gross injustice, whilst the background to the dispute is the functioning of the principle which states that law is not retroactive.

  • Issue Year: 2015
  • Issue No: 61-62
  • Page Range: 5-18
  • Page Count: 14
  • Language: Polish