Radbruch und die Todesstrafe
摘要
Although Gustav Radbruch was among the most prominent opponents of the death penalty during the Weimar Republic, discussion of his efforts against it remains limited. Revisiting this aspect of his thought and action, however, is essential for a more comprehensive understanding of his legal-political philosophy. Particular attention is given to the tension between Radbruch’s theoretical opposition to capital punishment and his political actions during his tenure as Minister of Justice—when he ultimately accepted its introduction in legislation aimed at combating political violence. The article also examines a theoretical shift in Radbruch’s postwar critique of the death penalty, in which the concept of human dignity plays a central role. It is argued that these two dimensions can only be fully understood in light of Radbruch’s reception of Max Weber’s ethic of responsibility and his postwar turn toward a more moralistic conception of law in response to the catastrophe of the Nazi regime.