Gustav Radbruchs Erbe für die Strafrechtsdogmatik

Abstract

Gustav Radbruch’s contributions have significantly shaped our understanding of the science of criminal law. This paper analyzes the most decisive aspects of his work. In particular, his conception of the complex relationship between law, reality, and value, the consequences of his method and relativism for criminal law, his conception of the theory of crime, and the science of criminal law are discussed. Finally, the paper highlights the central aspects of the legacy that Gustav Radbruch has left to the science of criminal law: the return to the value, the teleological orientation, the open system and the bridging of the gap between criminal law doctrine and criminal policy.