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ID 46543
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title alternative
Approach to the Reconstruction of Criminal Wrong from the Perspective of Philosophy of Law
Einleitung in die rechtsphilosophische Begründung des Kriminalunrechts
creator
NDC
Law
abstract
Some academics from the Wolff school and Jakobs school in present-day Germany attempt to reconstruct the notion of criminal wrong from the perspective of philosophy of law. They insist that every crime means a violation not (just) of legal interests, but mainly of the lawful relationship of common liberty, which should be respected by every citizen under the law. According to this view, therefore, criminal jurisprudence attaches as great importance to the normative meaning of the connection between crime and punishment as it does the negation of law and its restoration.
With the rise of the Renaissance of Retributive Punishment, both schools above have recently attracted considerable attention. There is no doubt that criminal wrong should be constructed from the perspective of the practical and positive legal sanction of punishment, and its influences (side effects) as well. A reconsideration of criminal wrong, however, is indispensable to avoid overcriminalization and keep penal populism under control.
For this reason, this paper sheds light on the philosophical (and thus fundamental) components of criminal unlawfulness. After a review of the Wolff school, the paper attempts to indicate an approach to draw a distinction between criminal and civil unlawful conduct, and the violation of administrative regulations.
journal title
The Hiroshima Law Journal
volume
Volume 42
issue
Issue 1
start page
151
end page
176
date of issued
2018-07-20
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる。
department
Graduate School of Social Sciences
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