“Positivism, with its principle that ‘a law is a law’, has in fact rendered the German legal profession defenceless against statutes that are arbitrary and criminal. Positivism is, moreover, in and of itself wholly incapable of establishing the validity of statutes. It claims to have proved the validity of a statute simply by showing that the statute had sufficient power behind it to prevail. But while power may indeed serve as a basis for the ‘must’ of compulsion, it never serves as a basis for the ‘ought’ of obligation or for legal validity. Obligation and legal validity must be based, rather, on a value inherent in the statute.”

— Gustav Radbruch

"Statutory Lawlessness and Supra-Statutory Law" (1946)

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "Positivism, with its principle that ‘a law is a law’, has in fact rendered the German legal profession defenceless agai…" by Gustav Radbruch?

Gustav Radbruch 12

German politician 1878–1949

Related quotes

“To be sure, one value comes with every positive-law statute without reference to its content: Any statute is always better than no statute at all, since it at least creates legal certainty. But legal certainty is not the only value that law must effectuate, nor is it the decisive value. Alongside legal certainty, there are two other values: purposiveness and justice. In ranking these values, we assign to last place the purposiveness of the law in serving the public benefit.”

Gustav Radbruch (1878–1949) German politician

"Statutory Lawlessness and Supra-Statutory Law" (1946)

“This view of a law and of its validity (we call it the positivistic theory) has rendered jurists and the people alike defenceless against arbitrary, cruel, or criminal laws, however extreme they might be. In the end, the positivistic theory equates law with power; there is law only where there is power.”

Gustav Radbruch (1878–1949) German politician

"Five Minutes of Legal Philosophy" (1945)

“Again, it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute, but must obey it though he knows it is no law, and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law.”

Hugo Black (1886–1971) U.S. Supreme Court justice

Writing for the court, Korematsu v. United States, 33 U.S. 124 (1944).

“It has often been matter of regret in modern times that, in the construction of the Statute of Limitations, the decisions had not proceeded upon principles better adapted to carry into effect the real objects of the Statute; that instead of being viewed in an unfavourable light as an unjust and discreditable defence, it had not received such support as would have made it what it was intended to be, emphatically a Statute of repose. It is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state of the transaction may be forgotten, or be incapable of explanation by reason of the death or removal of witnesses.”

Joseph Story (1779–1845) US Supreme Court justice

Bell v. Morrison, 1 Peters, Sup. C. Rep. (U. S.) 360 (1828).

“The statute law is the will of the legislature in writing; the common law is nothing else but statutes worn out by time; all our law began by consent of the legislature, and whether it is now law by usage or writing, it is the same thing.”

John Eardley Wilmot (1709–1792) English judge

2 Wils. 341.
Collins v. Blantern (1767)

“How has the church in every age, when in authority, defended itself? Always by a statute against blasphemy, against argument, against free speech. And there never was such a statute that did not stain the book that it was in and that did not certify to the savagery of the men who passed it.”

Robert G. Ingersoll (1833–1899) Union United States Army officer

The trial of Charles B. Reynolds for blasphemy (1887)

“Destruction, violence, ravages, murder, are perpetrated by statute law.”

Elbert Hubbard (1856–1915) American writer, publisher, artist, and philosopher fue el escritor del jarron azul

The Better Part (1901)
Context: I AM an Anarchist.
All good men are Anarchists.
All cultured, kindly men; all gentlemen; all just men are Anarchists.
Jesus was an Anarchist.
A Monarchist is one who believes a monarch should govern. A Plutocrat believes in the rule of the rich. A Democrat holds that the majority should dictate. An Aristocrat thinks only the wise should decide; while an Anarchist does not believe in government at all. Richard Croker is a Monarchist; Mark Hanna a Plutocrat; Cleveland a Democrat; Cabot Lodge an Aristocrat; William Penn, Henry D. Thoreau, Bronson Alcott and Walt Whitman were Anarchists. An Anarchist is one who minds his own business. An Anarchist does not believe in sending warships across wide oceans to kill brown men, and lay waste rice fields, and burn the homes of people who are fighting for liberty. An Anarchist does not drive women with babes at their breasts and other women with babes unborn, children and old men into the jungle to be devoured by beasts or fever or fear, or die of hunger, homeless, unhouseled and undone.
Destruction, violence, ravages, murder, are perpetrated by statute law..

“The fact that the most arbitrary powers of the English executive must always be exercised under Act of Parliament places the government, even when armed with the widest authority, under the supervision, so to speak, of the Courts. Powers, however extraordinary, which are conferred or sanctioned by statute, are never really unlimited, for they are confined by the words of the Act itself, and, what is more, by the interpretation put upon the statute by the judges. Parliament is supreme legislator, but from the moment Parliament has uttered its will as lawgiver, that will becomes subject to the interpretation put upon it by the judges of the land.”

A. V. Dicey (1835–1922) British jurist and constitutional theorist

Introduction to the Study of the Law of the Constitution [Eighth Edition, 1915] (LibertyClassics, 1982), p. 273.

“I am convinced that the minimum-wage law is the most anti-Negro law on our statute books—in its effect, not its intent.”

Milton Friedman (1912–2006) American economist, statistician, and writer

Source: An Economist's Protest: Columns in Political Economy (1966), p. 163

“There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience”

Robert G. Ingersoll (1833–1899) Union United States Army officer

The trial of Charles B. Reynolds for blasphemy (1887)
Context: There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience, and no man who is a man will defile and pollute his conscience at the bidding of any legislature. Above all things, one should maintain his self-respect, and there is but one way to do that, and that is to live in accordance with your highest ideal.

Help us to complete the source, original and additional information

Gustav Radbruch 12

Related quotes

Related topics