Deputy 3 (Realist)

November 21, 2018 Law

Deputy 3 (Realist)Deputy 3 disagrees with his two colleagues (deputy 1 &2) conclusions. As for the Deputy 1 believed, what the grudge informer did may have been morally disgusting, but it was legal and we should do nothing about it. This is the clear separation of law and morals. The Deputy 2 believed, Purple Shirts behaved with such arbitrariness because there was no rule of law, their laws were immoral and hence invalid. Radbruch had concluded in short articles in 1945 and 1946 that one should adopt the view that “extreme injustice is no law”. (Dyzenhaus) The grudge informers did nothing illegal and could not be punished. As Deputy 2 quote ” What they did was neither lawful nor contrary to law, for they lived, not under a regime of law, but under one of anarchy and terror.” (Fuller 1977)Deputy 3 has argued, during the Purple Shirt regime most of human life was normal, according to relatively normal “laws marriages were contract, property were sold, wills were drafted then executed”(Fuller 1977) and were applied to the usual manner. But it cannot be that everything the government has done is legal, we must look to cases in which the Purple Shirts perverted the course of the law in their aims. During periods of conflict or repression, grudge informers refer to individuals that report personal enemies of authorities in order to get rid of them. One particular grudge informer, which Fuller records the following case: A German woman had reported to the authorities about her husband had made a negative remarks about Hitler. The husband was prosecuted and convicted of slandering the Fuehrer. Although the husband sentenced to death penalty but he was not executed instead he was sent as a soldier to the Eastern front. He survived the war and return to instituted proceedings against his wife. She was prosecuted for condemning her husband to the authorities in accordance with the anti-sedition laws. Her purpose to report her husband because she was having an affair with another man and she just wanted to get rid of him.


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