Radbruch Formula: May a judge deviate from the law if it is profoundly unjust?

The "Radbruchsche Formel," or Radbruch Formula, is a legal concept that has achieved near-legendary status in jurisprudence for its approach to state-sanctioned injustice. First published in August 1946 in a three-page essay titled "Gesetzliches Unrecht und übergesetzliches Recht" (Statutory Injustice and Supra-Statutory Law) in the Süddeutsche Juristenzeitung, the formula is named after its author, Gustav Radbruch.

Radbruch, a former social democratic Minister of Justice during the Weimar Republic, developed this thesis which has become a cornerstone for the legal reckoning of state wrongs. The formula itself is a concise statement that has entered the pantheon of legal thought, serving as a critical reference point for jurists grappling with the aftermath of oppressive regimes.

Its enduring significance lies in its ability to provide a framework for judges to deviate from unjust laws when faced with profound injustice. This concept is particularly relevant in post-conflict or transitional justice scenarios, offering a philosophical and legal basis for challenging and rectifying past wrongs committed under the color of law.