Departmental Bulletin Paper 「ナチス国家における正法」について……エーリック・ヴォルフ没後40 年……

鈴木, 敬夫

34 ( 2 )  , pp.1 - 60 , 2018-03-15 , 札幌学院大学総合研究所 = Research Institute of Sapporo Gakuin University
This paper seeks the traces of one German legal scholar who joined in the chorus of Nazism. Erik Wolf (1902-1977), who at the time participated in the movement to resist Nazism as a member of the Confessing Church (Bekennende Kirche), for some reason followed the spirit of times and wrote the extremely nationalistic paper Richtiges Recht im nationalsozialistischen Staat (The True Law in the National Socialist State) (1934), among several other papers adopting Nazi ideologies. These papers were shocking to those around him as they went against the standpoint of his former mentor, legal philosopher Gustav Radbruch, namely, against the principal of relativism and its critical stance toward Nazism. However, it was not long before Wolf saw the breakdown of his ideology on the order of creation (Schöpfungsordnungsideologie), an ideology that linked the principle of leadership by the Führer with God. After the war, he switched direction to advocate the existential theology of law (Existentialtheologie des Rechts) and from that stance wrote a number of works expounding the principle of the theological anthropology of the law of love (Theanthropologie des Liebesrechts). However, there are absolutely no vestiges of him looking back on the past, such as how he reflected, or what kind of confessions of faith he made, with regard to his arguments on “true law in the National Socialist state” and the fact that they helped solidify the foundations of the National Socialist state. Now, 40 years after his passing, it is time to look back and trace the directions followed by legal philosopher Erik Wolf's religious philosophy of law.

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