법의 유효성 문제와 라드브루흐 공식

Gustav Radbruch’s scholarship and his theory on the validity of law, especially the Radbruch Formula, provide an insightful response to the moral failures of the Nazi legal system and continue to influence modern legal and ethical discourse. However, the discourse on legal validity still seems to lack a proper consensus, starting from the handling of the concept to the stage of terminology use. This paper begins with the controversies sparked by Radbruch’s legal philosophy and the concept of legal validity, seeking a more fundamental approach to discussions on legal validity. It critically evaluates the implications of Radbruch’s relativism for a general theory of the existence of law, i.e., a theory of legal validity, examines the somewhat negative impact of Robert Alexy’s unique discussions on the “concept of validity(Geltungsbegriffe)” on domestic discourse, and argues that providing a reason-based account of legal obligation is crucial for an appropriate theoretical account of the issue of legal validity. To this end, Radbruch’s views are compared and contrasted with the theories of Robert Alexy, H.L.A. Hart, Lon Fuller, and Joseph Raz. Through this, the paper aims to reassess the significance of Radbruch’s legal theory and deepen the contemporary understanding of legal validity.