POLI 347 Lecture Notes - Lecture 10: Hans Kelsen, Canadian Bar Association, Hartley Shawcross
Document Summary
Extreme injustice is no law : the radbruch formula. the nuremburg trial, and crimes. Against humanity (a) radbruch"s statutory lawlessness and supra-statutory law, 1946: 5) legal positivism, a law is a law, and the origins of nazism: Law under nazism the balance between justice, purposiveness, and the rule of law (legal certainty) in post-war. The executioner: no guilt for the executioner a. i. Not personal, just their job: no guilt for the judges b. i. As a positivist, you accepted the law and therefore by following it you are not guilty: concern with private citizens c. i. People could be malicious and driven by a personal agenda. Positivism rendered impotent every possible defence against the abuses of national socialist legislation. If they perverted the law, they are guilty. If they are following a perverted law, they are innocent (c) the nuremburg trial a) london conference and charter and the international military.
