Unrichtiges Recht

Marc André Wiegand analyzes the neo-Kantian premises of Gustav Radbruch's legal philosophy. It is his view that the neo-Kantian concept of the relationship between »culture« and »values« is particularly crucial in order to understand Radbruch's legal philosophy. Focusing on Radbruch's theory of political parties, the author points out that Radbruch's work contains two different concepts of law. In criticizing Radbruch's view of National Socialism, Marc André Wiegand shows that the transformation of what Radbruch called »transpersonal values« may in fact inevitably lead to »unjust law«.