Crime Law

The Radbruch Formula

After the Nurmburg Trials, doctors were hanged. ‘Subjecting humans to experimentation’ was part of the reasoning.

The Radbruch Formula and Nuremberg Trials precedent.

The Radbruch Formula, a theory of law formulated in 1946 by German legal scholar and politician, Gustav Radbruch, established a moral and judicial correlation with the Nuremberg Trials and the principle of unjust laws and their immorality. Regimes tend to operate under the guise of legal sanctity. It “legalizes” criminal activity by utilizing state-based legalism.

Essentially, the Radruch Formula held that a “law” annuls itself once what it licenses crosses realms of barbarity. This is what Radbruck called “extreme unjustness”. Positive law (conventional law) cannot overstep Natural law. Another important consequence of the Nuremberg Trials was the overruling of “following orders” excuse. Abiding by orders that cause one to violate basic elemental codes of human decency, places accountability with the actual executioner of the crime, not just the person who gave the orders. To be clear, you will not be able to blame others for your crimes.

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