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Something different is required in the case of their superiors. In the meantime the Federal Court of Justice has decided the case of the shooting of an armed deserter on the Berlin border in this fashion; see BGHSt 42, 356 (362). 3 The Interpretation and Invalidity of Unjust Laws JULIAN RIVERS1 “Orders are orders, the soldier is told. Law is law, says the lawyer. But whereas for the soldier the duty of obedience ceases when he knows that the order is directed to the commission of a criminal offence, the lawyer—since the last natural lawyer died out about a century ago—knows no such exception to the validity of law and the obedience of subjects to the law.

P. 36 ff. Something different is required in the case of their superiors. In the meantime the Federal Court of Justice has decided the case of the shooting of an armed deserter on the Berlin border in this fashion; see BGHSt 42, 356 (362). 3 The Interpretation and Invalidity of Unjust Laws JULIAN RIVERS1 “Orders are orders, the soldier is told. Law is law, says the lawyer. But whereas for the soldier the duty of obedience ceases when he knows that the order is directed to the commission of a criminal offence, the lawyer—since the last natural lawyer died out about a century ago—knows no such exception to the validity of law and the obedience of subjects to the law.

302. , p. 315 ff. A Defence of Radbruch’s Formula 33 Radbruch had to make only a minor adjustment in the system. It establishes a “hierarchy”, which corresponds to Radbruch’s older positivist understanding, in which purposiveness was at “the bottom” and legal certainty generally preceded justice. 75 When there exists such a thing as extreme injustice then this way of conceiving the relationship of legal certainty and justice is not only acceptable but mandatory. To give legal certainty precedence even in the case of extreme injustice could not be reconciled with the claim to correctness, which includes justice as well as legal certainty.

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