정의와 형평? —라드브루흐 법철학을 통한 일고찰—

Justice (Gerechtigkeit) and equity (Billigkeit) are frequently cited as grounds or criteria in judicial decisions. However, their relationship remains a jurisprudential question in need of further clarification. This paper examines this relationship through the perspective of Gustav Radbruch's legal philosophy. Radbruch views justice and equity not as separate values but as two methods for achieving a unified idea of law, both ultimately converging toward the same idea of law that strives for generality. In Radbruch's theoretical framework, expediency (Zweckmäßigkeit) stands as the counterpart to justice and equity. Through a sequential analysis of Radbruch’s major works — Rechtsphilosophie (1932), “Justice and Equity in International Relations” (1936), “Der Zweck des Rechts” (1937), and Vorschule der Rechtsphilosophie (1948) — this paper demonstrates that his interpretation of the relationship between justice and equity remained consistent. The fundamental reason for this consistency lies in Radbruch’s prioritization of legal certainty (Rechtssicherheit) as a core component of the idea of law. By emphasizing legal certainty to guard against arbitrary judicial judgments, Radbruch’s legal philosophy ultimately does not afford equity an independent position.