A Theory of Criminal Law, Volume 1
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Beschreibung
This book delves into the core debates of criminal law, examining fundamental principles such as legality, protection of legally protected goods, culpability, and proportionality. It reinterprets these principles through a lens of a Rawlsian theory of justice, proposing them as deontological liberalistic principles of justice. The book explores the influence of enlightenment thought and social contract theory which have sophisticatedly evolved so far on criminal law, suggesting that these principles can be derived from a hypothetical agreement under fair participation conditions.
Covering a wide range of topics, the book addresses human dignity, culpability, and the prohibition of analogy in criminal law interpretation. It engages with classic and ongoing debates, including free will, legal indeterminacy, and the jurisprudential implication of philosophies of Wittgenstein and Gödel. Additionally, it critically examines some theoretical issues, including collective guilt, criminal liability of electronic person, psychopathic offender, and conscientious objectors, as well as such doctrinal issues as mistaken self-defence and criminal complicity. A chapter on the origins of the penal system provides an in-depth account based on ancient Near Eastern customs and the Hammurabi Code, enriched by the latest evolutionary research. This interdisciplinary approach offers a comprehensive understanding of the nature of punishment.
“In this wide-ranging and ambitious work, Seong Jo Ahn introduces criminal lawyers to an extraordinary range of theoretical ideas and perspectives on the criminal law. New light is shed on familiar doctrines and principles, in a way that will become a debating point for years to come.”
Jeremy Horder—LSE
This book delves into the core debates of criminal law, examining fundamental principles such as legality, protection of legally protected goods, culpability, and proportionality. It reinterprets these principles through a lens of a Rawlsian theory of justice, proposing them as deontological liberalistic principles of justice. The book explores the influence of enlightenment thought and social contract theory which have sophisticatedly evolved so far on criminal law, suggesting that these principles can be derived from a hypothetical agreement under fair participation conditions.
Covering a wide range of topics, the book addresses human dignity, culpability, and the prohibition of analogy in criminal law interpretation. It engages with classic and ongoing debates, including free will, legal indeterminacy, and the jurisprudential implication of philosophies of Wittgenstein and Gödel. Additionally, it critically examines some theoretical issues, including collective guilt, criminal liability of electronic person, psychopathic offender, and conscientious objectors, as well as such doctrinal issues as mistaken self-defence and criminal complicity. A chapter on the origins of the penal system provides an in-depth account based on ancient Near Eastern customs and the Hammurabi Code, enriched by the latest evolutionary research. This interdisciplinary approach offers a comprehensive understanding of the nature of punishment.
Reinterprets fundamental principles of criminal law through a unique theory of justice Provides a comprehensive and multidimensional understanding of criminal law and punishment Tackles ongoing debates and challenges in criminal law making it highly relevant to current legal scholarship
Autor*in
Seong Jo Ahn
Themen in »A Theory of Criminal Law, Volume 1«
Rawls and Criminal Law’s Foremost Principles Human Dignity and Culpability Principle Free Will and Legitimacy of Punishment Robot Criminal Liability Evolutionary Analysis on the Origin of Punishment System