Gustav Radbruch: A Biography

Author: (German) Kaufmann
Publisher:
Publishing Date: 2004-01-01
Features: Postscript: I myself can't quite explain why I've become particularly fascinated with Radbruch in recent years. It's not just about his legal theory, but more about Radbruch the person. Radbruch is a mystery waiting to be unraveled: he established the theory of relativism in legal values, but we seem unable to grasp the systematic nature and consistent connections of his theory; he always tries to transcend the dichotomy between ought and is, value and reality, legal positivism and natural law, yet he constantly struggles and vacillates within this binary contradiction, sometimes even finding himself in awkward and perplexing contradictions in his statements; he demonstrates profound insights and extraordinary wisdom in his writings about legal phenomena, yet he did not inherit the unique dialectical tradition of the Germans (especially represented by Hegel and Kant) to construct a purely deductive conceptual (formal) system for his theoretical framework; he was naturally averse to legal scholarship, yet he chose to pursue criminal law research, which requires a talent and interest in dogmatics (hermeneutics), as his career, and surprisingly achieved remarkable accomplishments in both criminal law research and legal philosophy; he yearned for a complete life like Goethe, yet he was born at the wrong time, suffering repeated misfortunes in his youth and middle age; he faced criticism from many in Western countries, but in East Asia (Japan and South Korea), he was revered like a deity, to the extent that we can say his works, when translated into Japanese, reshaped the minds and theoretical interests of Japanese legal scholars, thereby changing the direction of legal development in Japan after World War II. So, what kind of person was Radbruch? With this question in mind, I tried to find some answers by reading existing Chinese literature (research and translation works). But unfortunately, the results of this effort only deepened my doubts: some introductions to Radbruch are vague and lack detail where precision is needed. Fortunately, at the right time, my colleague Professor Mi Jian brought back from Germany Arthur Kaufmann's "Life of Radbruch," published in 1987. I borrowed it and felt like I had found a treasure. Arthur Kaufmann was one of the most important legal philosophers in Germany after World War II and was Radbruch's last disciple before his death. It should be said that he knew Radbruch's life, personality, and scholarship intimately, and he also had a bird's-eye view, excellent summarization, and incisive commentary skills (as can be seen in his other works). It was most appropriate for him to write an academic biography of Radbruch (in fact, there are dozens of such biographies of Radbruch available). In fact, Kaufmann did not disappoint the expectations of many scholars. With his lively and spirited writing, he objectively and meticulously described Radbruch's thoughts, advances, and retreats: he pointed out the paths forward when we were lost, did not impose excessive judgments where Radbruch himself had doubts, but instead raised questions that prompted deep reflection. It can be said that Kaufmann presented to us a vivid Radbruch: a wise man who integrated scholarship and life. As we read this biography, we will follow Kaufmann's guidance step by step to get closer to this enlightened sage, entering his little-known life and inner world. This is far more important than simply understanding the simplified views of Radbruch through "textbooks." I always believe that to study a person's thoughts and theories, one must first familiarize themselves with their life, so that we can achieve a spiritual connection with the subject itself. In this sense, I have always regarded Radbruch as one of my mentors in shaping my character, and his personal experiences are also common to people of our age (the so-called age of no regrets). Of course, this is also the late-life experience of Professor Kaufmann, because when he wrote a heartfelt Chinese preface for my translation of Radbruch's "Maxims of Legal Wisdom" (published by the Legal Press in October 2001) ten days before his death, I understood that his soul had already absorbed some of Radbruch's spiritual qualities. Professor Kaufmann's attention and support for my translation work were the guarantees that enabled me to complete the translation. In his letter of December 3, 1998, he wrote: "If I can provide any form of help, please do not forget to let me know." Professor Kaufmann was a man of his word. When I later wrote to explain that I would first translate Radbruch's "Maxims of Legal Wisdom" and then his biography, he not only agreed but also actively helped with copyright matters. Unfortunately, on April 11, 2001, illness finally took his life. I was deeply sorry that he did not live to see the publication of the Chinese translation of his works, and I also lamented the loss of such a knowledgeable and wise mentor. Just as I was feeling deeply grieved and downcast, in November 2001, I had the fortune of meeting Professor Keifu Suzuki of the Faculty of Law, Sapporo College University, in Beijing, who was also a devoted scholar of Radbruch and was giving lectures at several universities in Beijing at the time. According to Professor Suzuki, his predecessor, Professor Toshita Tokiwa, was the only Japanese student Radbruch ever mentored. With this academic connection, it is no wonder that Professor Suzuki was deeply devoted to Radbruch's studies and truly grasped the essence of his thought (he once said: "My research on Radbruch is a spiritual destiny." And how about me? I am no different!). His magnum opus, "Introduction to Legal Philosophy" (Choueng Publishing House, 1988 edition), primarily focuses on Radbruch's theories (methodological dualism, value relativism, the socialization of law and "the nature of things" and so on). Additionally, Professor Suzuki has translated and published works such as Radbruch's "Maxims of Legal Wisdom" (Japanese translation "Maxims for Legal Reflection") and "The Magic Flute and Criminal Law," demonstrating his expertise as a Radbruch scholar in Japan. During our short conversation, he told me about the process of Radbruch's visit to Oxford University and the of Radbruch studies in Japan and South Korea. What is even more precious is that after returning to Japan, Professor Suzuki provided me with materials on some researchers mentioned in Kaufmann's biography, such as the edited volume "In Memoriam Professor Tjong Zong Nk" by Hans-Heinrich Jescheck, Professor Tjong Zong Nk's doctoral dissertation "The Way of Gustav Radbruch's Relativist Legal Philosophy" (1967, German), Professor Kim Jisu's doctoral dissertation "Methodological Dualism and 'The Nature of Things' in Gustav Radbruch's Thought" (1966, German), Professor Lin Wenxiong of National Taiwan University's "Legal Positivism," and the Japanese translation of "Gustav Radbruch: An Extraordinary Legal Philosopher" by Professor Nakayoshi Kiyoshi and Professor Yasushi Nakamura. In April 2002, Professor Suzuki took advantage of his visit to Germany to specially purchase Radbruch's "Legal Philosophy" (Student Edition, edited by Ralf Dreier and Stanley L. Paulson, 1999, German) for me and generously gifted the Japanese translation of Radbruch's works by Professor Tanaka Kōtarō. These materials were highly valuable for my revision of the translation of important concepts and book titles. Overall, the translation process went relatively smoothly. Starting in September 2001, I began the translation work during my spare time from teaching, and by January 2002, when I accompanied the visiting delegation of the University of Political Science and Law to Europe (Italy, Germany, France, the Netherlands, and the United Kingdom), I had completed the initial translation. After returning to Beijing, I proofread the initial translation based on the Japanese translation by Professor Nakayoshi Kiyoshi and Professor Yasushi Nakamura, and completed the first round of revisions on March 16, 2002. I then sealed the manuscript and set it aside, because according to the contract, I had to deliver the translation of another book (Robert Alexy's "The Theory of Legal Argumentation") to the Legal Press by the end of 2002. With deadlines looming, I had to make do with haste. Once the urgent debts were settled, I would have the time and energy to revisit the old manuscript, and my mind felt much more at ease. The initial translation has been on the desk for a full year since today, and coincidentally, Professor Keifu Suzuki has once again come to Beijing for academic research—truly an astonishing coincidence! Perhaps this is a testament to Radbruch's "happy uncertainty." Everything happens naturally, like the wind that is formless and the water that is boundless, yet it leaves a lingering sense of "serendipity." Throughout the entire translation process, I also received help from many friends and colleagues. Professor Fei Anling, Dr. Cheng Chunming, Dr. Wu Rihuan, and Dr. Li Juxian devoted great effort to translating and proofreading the Italian, French, and Korean names mentioned in the book. Additionally, during the translation seminar organized by the editorial committee of "Contemporary Masterpieces of German Law," Professors Rolf Knütel of Bonn University, Harro von Senger of Freiburg University, Robert Heuser of Cologne University, and Urlich Manthe of Passau University provided in-depth analysis of German translation itself, which benefited me greatly. My colleague Professor Zheng Yongliu carefully reviewed the manuscript, minimizing errors in the translation. After completing the initial draft, Professors Zhang Shoudong and Zhou Qingfeng helped verify the biblical references, Mr. Xiao Han sent me Heather Leawoods's English paper "Gustav Radbruch: An Extraordinary Legal Philosopher," and Professor Lin Duanyong of the Sociology Department at National Taiwan University kindly gifted me the Chinese translation of Radbruch's "Introduction to Jurisprudence" (translated by Wang Yiping and Lin Hongtao, Commercial Weekly Publishing House, 2000 edition). These contributions were also highly helpful for revising the translation. Moreover, during my life as a translator and scholar, Professors Xu Xianming, Wang Renbo, Long Weiqiu, Dr. Wang Yong, Dr. Zhang Sheng, and Dr. Wang Renjie of the Taiwan Jiaotong University have provided long-term support and assistance. I am grateful to them all.
Finally, I would like to make a few necessary remarks about the translation itself. It is commonly said that translation is the most challenging task. The process of translation is also one of continuously approaching the original meaning through reading and understanding. Since there are few translations of Radbruch's works in China, I had to spend a significant amount of time deliberating on the translation of names, such as Natur der Sache (the nature of things), Gestalten (people, figures), richtiges Recht (correct law), gesetzliches Unrecht (legal injustice), and übergesetzliches Recht (supra-legal law). The translation of these terms has been a subject of debate among the members of the editorial committee of "Contemporary Masterpieces of German Law" to this day, and even my own translations of these terms have changed over time. Observant readers may have noticed this discrepancy when comparing my translation of Radbruch's "Maxims of Legal Wisdom" with this biography. To avoid confusion in understanding, I have tried to use footnotes in this translation to explain the changes (as well as unfamiliar terms, figures, and allusions to Chinese readers). Additionally, all footnotes in the German edition have been converted to consecutive footnotes in the Chinese edition. I hope this will not cause inconvenience to the readers.
Although the translation is now complete, it is like walking on thin ice—only by doing one's best can one find peace. Shu Guoying
March 16, 2003, at Fengying Hall, University of Political Science and Law
This book is a biography that recalls the life journey and academic thoughts of Gustav Radbruch, a great German legal scholar, written by Arthur Kaufmann, a close disciple of Radbruch and a renowned contemporary legal philosopher in Germany, and translated by Professor Shu Guoying of the University of Political Science and Law in China. Gustav Radbruch is well-known in the field of Chinese legal studies, but his upbringing, the formation of his legal thought, and his direct participation and influence on German legislation as the Justice Minister of two German governments are not well understood by us. These are precisely the values of this book. As a disciple of Radbruch, the author inherits the thread of legal thought while also forming his own unique style. Therefore, in this book, he objectively reflects Radbruch's real life and inner world, clearly explains the origin of Radbruch's legal thought, and provides convincing interpretations of many of its ambiguities. The main content of the book includes: (1) The First Encounter with Gustav Radbruch; (2) Life's Confusions; (3) Professor and Socialist; (4) The Period of Political Activities; (5) The Weimar Democratic Constitution; (6) Returning to Academia; (7) In Spiritual Exile; (8) The Innovation of Law; (9) Culture and Religion; (10) War and Peace; (11) Humanitarian, Scholar, Great Man. The book also includes a chronology of Radbruch's life and a bibliography of literature on Radbruch. The translator, Professor Shu Guoying, has captured the philosophical essence of the German text while using clear and accessible language suitable for Chinese readers, making it a masterpiece. This book is suitable for undergraduate and graduate students in law schools, as well as for law teachers, judges, and lawyers.