Abstract
Gustav Radbruch (1878-1949) was one of the most influential law philosophers in the 20th century. His essay ＂Statutory Lawlessness and Supra-Statutory Law,＂ published in 1946, is regarded as the most significant work in the philosophy of law. The core theory of the essay is named ＂Radbruch's Formula.＂ Radbruch's Formula argues that when statutory law is incompatible with justice “to an intolerable degree,＂ or when statutory law is obviously designed in a way that deliberately negates ＂the equality that is the core of all justice＂, the judge must disregard statutory law in favor of the justice principle. According to Radbruch's Formula, legal stability is superior to justice, but, only conditionally. It represents a necessary connection between law and morals. Theoretically, it is a solution for the conflict between Natural Law and Legal Positivism. In practice, the formula has been applied to numerous cases by the German Federal Constitutional Court and the Federal Court of Justice since its first publication in 1946. Nevertheless, in the Chinese- speaking world, very little research on this important work of legal philosophy has been carried out. My research aims to discuss the fundamental ideas of Radbruch's Formula and suggests that we should exam it with respect to Human Rights.