| Budget Amount *help |
¥2,860,000 (Direct Cost: ¥2,200,000、Indirect Cost: ¥660,000)
Fiscal Year 2017: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2016: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2015: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Outline of Final Research Achievements |
G. Radbruch, a German legal philosopher of the first half of the 20th century, established a twofold formula on evil laws (Radbruch's Formula) after the end of Nazi era. German Courts accepted and applied the formula to overcome not only past evil laws of Nazi system but also of the former east German border practices. The aim of this study was to understand this history and circumstances of application of the formula by German Courts through their related decisions and to point out the significance of Radbruch's idealistic legal philosophy expressed in the formula for contemporary legal philosophy. The study showed that it was necessary for German Courts to apply the formula in order to overcome past evil laws and that the spirit of Radbruch's idealistic legal philosophy which regards justice as an intrinsic ideal (Idee) of law maintains its influence on contemporary legal philosopher such as R. Alexy, R. Dworkin, and so on.
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