Radbruch'sche Formel und gesetzgeberisches Unterlassen

The monograph examines the question whether the Radbruch formula also fits in situations of legislative omission that lead to extreme injustice. Until now, this question was mostly neglected in reviews about the Radbruch formula, which is surprising as there are numerous situations to be thought of in which not legislative action, but legislative omission leads to extreme injustice.
The author analyses the basic ideas of the Radbruch formula and develops a system to implement it into the omission situation. Therefore, the regular application of the formula had to be transcended because it only allows to declare positive law as invalid. While declaring positive law as invalid helps to correct injustice in situations of positive laws leading to injustice, it does not help in the omission situation. The omission situation needs to be overcome, and something needs to be done to correct the existing injustice.