ABSTRACT
Outline the circumstances of Radbruch’s conversion to the principles of natural law. What are the elements of the earlier jurisprudential theories which he rejected and those which he later embraced?
The celebrated German jurist, Radbruch (1878-1949), is best known today for his move away from the relativist-positivist jurisprudence of his earlier years and his conversion to a natural law doctrine which became of much relevance in the reconstruction of German law and legal institutions in the postwar era. An appropriate answer will explain the effect on his thinking of the perversion of law under the Nazi dictatorship. An outline of the ‘free law’ movement and its philosophy should be given, together with his later teachings based on the need for acceptance of a transcendent law resting solely on justice. The encapsulation of his thinking in ‘Five Minutes of Legal Philosophy’ should be set out. The following skeleton plan is used:
Introduction – Radbruch’s background and involvement in activism – fundamentals of the ‘free law’ movement in relation to jurisprudential positivism and relativism – circumstances of Radbruch’s conversion – revulsion against earlier beliefs – the principles of natural law as given in ‘Five Minutes of Legal Philosophy’ – conclusion, significance of Radbruch today.
