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even though that ís what made ít possibly to nullify the (social) contract and formed the basis of the right of resistance. Even the Marquis de Sade, for whom sadism is named, was disgusted by those events. There is a thinker who has been unfairly forced into the background by the fame of Karl Schmidt. In 1932 Gustav Radbruch defined law as the structure of the general arrangement of human coexistence (Inbegriff der generellen Anord-nungen fiir das menschliche Zusammenleben) (Radbruch 2003. p.38.) and gave the term “justice” (Ibid p.34.) a prominent place. It is precisely these ideas that underpin the notion of “legalized illegality.” The term is, without exaggeration, ingenious: legalized illegality. It precisely suggests that legality is not simply compliance with the rules of legislation, nor the totality of positive law and its application and observance in accordance with official procedure. Behind it there is the concept of justice. As we can see, it is a construction purely from natural law. A typical example of “legalized illegality” is Nazi law, whose actions were in accordance with the rules, if we look only at the structural elements. The state thus created a law and it was observed—and enforced—by the judiciary (judges, prosecutors). How can a law passed under the rule of law be called illegal? This is an important question for lawyers as well, because it is clear that racial laws, even if they are enacted in full accordance with legislative practice, cannot be called just. That is, compliance with the rule of law does not automatically mean compliance with the principle of justice. A parliament in a dictatorship usually makes decisions unanimously, but its actions do not (necessarily) meet the criteria of justice. Legalized illegality (injustice) means that the law is opposed to “the law above the law,” which rests on the principle of justice and takes precedence over statutory law. It is the law that exists naturally and does not depend on a positive set of rules enacted by states. It does not depend on legislative acts. On the contrary, legislative acts depend on it. The Radbruch Formula, which formed the basis of the Nuremberg principles, among others, builds on natural law and appeals to common
