37 Pages Posted: 28 Feb 2004 Last revised: 23 Feb 2009
Date Written: February 23, 2004
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: 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