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- Title
Radbruch and Hart on the Grudge Informer: A Reconsideration*.
- Authors
Mertens, Thomas
- Abstract
Hart's defense of the separation of law and morality is partly based on his refusal to accept Radbruch's solution of the well-known grudge informer case, in his famous article “Statutory Injustice and Suprastatutory Law.” In this paper, I present a detailed reconstruction of the “debate” between Radbruch and Hart on this case. I reach the conclusion that Hart fails to address the issue that was Radbruch's primary concern, namely the legal position of the judiciary when dealing with criminal statutes. I suggest that Hart's separation thesis cannot be upheld in the face of this concern. In my argument, Hart's mistaken understanding of the verdict of the Oberlandesgericht Bamberg that he refers to plays a crucial role.
- Subjects
CRIMINAL law; COURTS; LAW &; ethics; RADBRUCH, Gustav
- Publication
Ratio Juris, 2002, Vol 15, Issue 2, p186
- ISSN
0952-1917
- Publication type
Article
- DOI
10.1111/1467-9337.00204