The Promise of German Criminal Law: A Science of Crime and Punishment

37 Pages Posted: 28 Feb 2004 Last revised: 23 Feb 2009

Markus D. Dubber

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics

Date Written: February 23, 2004

Abstract

This paper takes a critical look at German criminal law theory from an Anglo-American perspective. It seeks both to capture the basic conception of criminal law as science that has shaped the project of German criminal law theory for centuries and to investigate two of its key features: its theory of punishment (positive general prevention) and its theory of criminalization (the theory of legal goods, "Rechtsgutstheorie").

Keywords: criminal law, comparative law, German law, punishment

JEL Classification: K14, K30, K33

Suggested Citation

Dubber, Markus D., The Promise of German Criminal Law: A Science of Crime and Punishment (February 23, 2004). Available at SSRN: https://ssrn.com/abstract=508643 or http://dx.doi.org/10.2139/ssrn.508643

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

University of Toronto - Centre for Ethics ( email )

6 Hoskin Avenue
Toronto, Ontario M5S 1H8
Canada

HOME PAGE: http://ethics.utoronto.ca

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