Overview

XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the ""general part"" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.

Full Product Details

Author:   O. Lee ,  T.A. Robertson
Publisher:   Springer
Imprint:   Kluwer Academic Publishers
Edition:   Softcover reprint of the original 1st ed. 1973
Dimensions:   Width: 15.50cm , Height: 1.50cm , Length: 23.50cm
Weight:   0.531kg
ISBN:  

9789024715329

ISBN 10:   9024715326
Pages:   290
Publication Date:   31 July 1973
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Out of stock  
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Table of Contents

I: Crime, the Criminal law, and the Ethics of Criminalization.- A. The Extent of the Problem of Crime and Making the Criminal Law.- B. Individual Freedom and Social Order.- C. The Right-Minded and The Reasonable Man .- D. The Community and The People .- E. Legal Obligation and Moral Obligation.- Criminal Law and Reform in the United States.- II: Historical and Theoretical Problems.- A. What is a Crime?.- (1) The Social Context of an Offense and the Extent of Criminalization.- (2) Actus Reus and Mens Rea: The Criminal Act and the Measure of Guilt.- (3) The Defense of Insanity and the Problems of Limited Responsibility.- (4) The Defense of Mistake of Fact and Mistake of Law.- B. Individual Rights during Enforement of the Law.- (1) Search and Seizure.- (2) Rights of the Arrested Party.- (3) Bail and Pre-Trial Detention.- C. Approaches to Criminal Law Reform.- (1) The Theory and the Form of Correction.- (2) Sentencing and Grading of Punishment.- (3) Full-scale Reform vs.Piecemeal Revision: American Attempts at Recodification.- III: Current issues and Selected Substantive Reforms.- A. Abortion: When Does Human Life Begin?.- B. Drug Abuse and Marijuana: Moral Responsibility vs. Control of Morals.- C. The Offense of Obscenity and The Problem of Consorship.- D. Homosexuality: Controlling Personal Morality Through the Criminal Law.- Criminal Law and Reform in West Germany.- IV: Historical and Theoretical Problems: issues in the General Part of the Code.- A. Full-scale Recodification: The Background of the German Criminal Law Reform.- (1) Passage of the German Criminal Law Reform Acts.- (2) Origins of the German Criminal Code and of the Present Reform: Contending Versions of Social Ethics in the Federal Republic.- B. What is a Crime?.- (1) The Gravity of an Offense and the Constituent Elements of an Offense.- (2) The Concepts of Guilt and Mitigation.- C. Approaches to Criminal Law Reform.- (1) The Theory and Form of Correction.- (2) The Grading of Punishment.- V: Current issues and the Reform of the Special Part of the Code.- A. Political Offenses.- (1) Constitutional Questions.- (2) Treason, Betrayal, and State Secrets.- B. Offenses against Religious Sensibilities.- C. Offenses against Public Morality.- (1) Abortion and Birth Control.- (2) Homosexuality and Varieties of Sexual Offenses.- (3) Adultery.- VI: Conclusions on the Role of Function and Ideal in Making the Law.- A. Social Ethics in the Law.- B. Politics in the Formation of the Law.- C. Public Conscience: Reason and Rhetoric.- A Brief Bibliography of Sources on the German Criminal Law in English.- A Note on the U.S. Supreme Court's Decisions on Abortion.- Index of Persons.

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