Die Rechtsphilosophie Gustav Radbruchs unter dem Einfluss von Emil Lask

Abstract

It is well known that Gustav Radbruch’s philosophy of law is significantly influenced by the neo-Kantian philosophy of Rickert’s student Emil Lask. However, so far, there has been no systematic investigation of the question of which aspects of Lark’s analyses of legal philosophy, cultural philosophy and epistemology are important to Radbruch’s philosophy of law. The monograph endeavors to close this gap. Its structure orients itself towards a fundamental distinction between the scientific knowledge of the subject and the subject itself. The topic of the first part is the epistemological foundation of the philosophy and science of law; the second part deals with the justification of law itself. In the third part, the developments in the legal philosophical thoughts of Radbruch and Lask are analysed from the point of view of their relationship to the neo-Kantian tradition. The result also offers a new perspective on the much-discussed “transformation” in Radbruch’s legal philosophy.