The Concept of a Special Criminal Law as a Weapon Against “Enemies” of the Society
Journal Title: Studia Iuridica - Year 2016, Vol 67, Issue
Abstract
In Günther Jakobs’ terminology the term “Feindstrafecht” (enemy criminal law) means a special criminal law designed to fight enemies of society. Unlike traditional criminal law, it is not aimed at regular citizens but at those who deny the legal system, e.g. terrorists and organized criminals. The idea of declaring some people to be enemies of the society leads to new legal, political and philosophical questions: Who are these enemies? How can we identify them? Can these enemies be deprived of their human rights? Answers to these questions need to be found, since elements of “Feindstrafrecht” already exist in today’s criminal law.<br/><br/>
Authors and Affiliations
Felix Golser
Keywords
Related Articles
- EP ID EP188543
- DOI -
- Views 157
- Downloads 0
Środowisko i konkurencja – Wspólna Polityka Rolna po 2020 r.
The article presents selected planned legal instruments for the implementation of the Common Agricultural Policy after 2020. Special legal analysis has been made of mechanisms to increase the competitiveness of agricultu...
Futbol i filozofia prawa: gra albo kaprys sędziego
The aim of this paper is to illustrate the analogy of law and game on the example of selected problems of contemporary theory and philosophy of law. The frames of this text are determined by the metaphor of the game, and...
Panel I. The Law School of the Future: How We Need to Change Legal Education to be Adapted to Rapidly Changing World
-<br/><br/>
Ochrona gatunków rodzimych przed inwazjami biologicznymi
Invasive alien species are a threat to biodiversity and food security, health and economic development. These species are causing enormous damage to biodiversity and the valuable natural agricultural systems upon which w...
The “Rule of Law” and the “Rechtsstaat”: A Historical and Theoretical Approach from a German Perspective
The Rule of Law, understood in its most general and original meaning as an absence of arbitrariness in state power, is not merely one legal principle amongst many, but has been the core of law itself in political philoso...