題組內容
一、賴德布魯赫(Radbruch,Gusta)曾经在其所著《法督學》中,針對「規範」(norm)與「指令」
(imperative),提出下列的陳述,
"It may best be illustrated by any sentence combining a norm with an imperative, when normative contents
appear in imperative form. 'Do your duty!' Let us separate the meaning of that sentence from what carries
it, the declared from the declaration. We then get, on the one hand, an existential structure, definite in time
and space, brought about and effective by way of causation, a sequence of tones which sounds here and
now, originating in a certain psychological process in the speaker and producing another such process in the
listener er. On the other hand, we get a nontemporal, nonspatial, noncausal content of significance, a moral
necessity which is valid independently of the place, the time, and the effectiveness of that declaration."
(From Gustav Radbruch, Legai Philosophy, in Lask, E., Radbruch, G., & Dabin, L. (1950). The Legal Philosophies of losk, Rodbruch,
and Dabin. Translated by Kurt Wilk, Harvard University Press, 43-224, 83.)
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