Marina Lalatta Costerbosa

The Courageous Judge of Gustav Radbruch

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Abstract

This essay aims to offer a Gustav Radbruch’s portrait focusing on the figure of the judge. Through a path of readings that touches different moments of his thought, the basic intent is to show how the image of the judge, of his activity, of his practical wisdom, of his personal virtues, do not change over the years and assume an increasing importance for the ideal of justice. Radbruch’s rule of law idea was defended until the collapse of the Weimar Republic, that is for his entire existence. In this perspective, the role of judges acts as an ally of justice provided that they are not only competent and honest, but also courageous jurists

Keywords

  • Gustav Radbruch
  • Courage
  • Judge
  • Principle of Non-retroactivity of Criminal Law
  • Anselm Feuerbach

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