Skip to main content

Radbruch and Hart on the Grudge Informer: A Reconsideration

Buy Article:

$51.00 plus tax (Refund Policy)

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.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/1467-9337.00204

Affiliations: Faculty of Law, University of Nijmegen, The Netherlands

Publication date: June 1, 2002

Access Key

Free Content
Free content
New Content
New content
Open Access Content
Open access content
Partial Open Access Content
Partial Open access content
Subscribed Content
Subscribed content
Free Trial Content
Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more