1. The Identity of Law
... of disobedience. Radbruch, however, had concluded from the ease with which the Nazi regime had exploited subservience to mere law-or expressed, as he thought, in the "positivist" slogan "law as law" (Gesetz als Gesetz)-and from the failure of the German legal profession to protest against the enormities which they were required to perpetrate in the name of law, that "positivism" (meaning ... claim for public good the result becomes a morality which is an aggregation of vested interests. This approach neglects individuals who are not abstract bodies but are constituted by social contexts w...
- Word Count: 7680
- Approx Pages: 31
- Grade Level: High School