In his book The German Judiciary and National Socialism, Weinkauff supported the thesis of legal scholar Gustav Radbruch that the German judiciare was completely powerless against the authority of the Nazi regime due to the doctrine of legal positivism, and thus could not have prevented any injustice perpetrated by the regime. Additionally, he described a thesis of a religiously inspired natural law which he also attempted to integrate into the verdicts of the Federal Court of Justice during his tenure.Hans Peter Bull: Rechtsprechung im NS-Staat, in: Die Zeit 20 September 1968, retrieved 28 November 2013.Werner Sarstedt über Hermann Weinkauff: Deutsche Justiz und Nationalsozialismus – Warum wir versagt haben, in Der Spiegel 23 December 1968, Retrieved 28 November 2018.
