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Author:   Professor Dr. jur. Kai Ambos (Georg-August-University Göttingen, Germany)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Nomos/Hart
Weight:   0.398kg
ISBN:  

9781509936786

ISBN 10:   1509936785
Pages:   208
Publication Date:   14 November 2019
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Chapter I. Preliminary Remarks 1. Zaffaroni’s “Doctrina Penal Nazi” 2. My approach Chapter II. The Foundations of National Socialist Criminal Law 1. Racism, Volksgemeinschaft, Führer state, Führer principle and exclusion 2. The material concept of justice and wrongdoing, ethicisation, “total” criminal law and deformalisation 3. General preventive and atonement-focused Willensstrafrecht (criminal law of the will) Chapter III. Continuity and the “Schulenstreit” (“Dispute between the Schools”) (?) Chapter IV. National Socialist Criminal Law and Neo-Kantianism 1. The (alleged) influence of Neo-Kantianism 2. The “Marburg School of Neo-Kantianism” 3. Neo-Kantianism—a forerunner of National Socialist criminal law? 4. Collectivism and material theories of value—forerunners of National Socialist criminal law? Chapter V. The Independent National Socialist Criminal Law of the Kiel School 1. Basic orientation and main representatives 2. Criminal policy: an authoritarian NS criminal law 3. The role of the judge in the NS Führer state 4. Loyalty, breaches of duty, honour punishments 5. Concrete Wesensschau (focus on the substance of the offence), Täterstrafrecht (agent-focused criminal law) and Willensstrafrecht (criminal law of the will) 6. A comprehensive actus reus defined by overall disvalue (“offence type”) instead of a structured theory of crime Chapter VI. Erik Wolf: From Perpetrator Types to an Attitudinal Theory of Agency 1. Authoritarian-social criminal law and theory of agency 2. Wolf’s turn towards and away from National Socialism Chapter VII. Some (preliminary) conclusions 1. Selective reception of German (NS-inspired) criminal law in Latin America 2. Did Hans Welzel truly overcome (Neo-Kantian) NS criminal law? 3. A continuity of National Socialist criminal law thought in Latin America?

Reviews

A worthwhile read for any American criminal theorist - it jolts us out of our familiar discussion paradigms and reminds us of how criminal law theory was complicit in one of the darkest chapters in human history. -- Brenner Fissell, Hofstra University * Criminal Law and Criminal Justice Books *

A worthwhile read for any American criminal theorist – it jolts us out of our familiar discussion paradigms and reminds us of how criminal law theory was complicit in one of the darkest chapters in human history. -- Brenner Fissell, Hofstra University * Criminal Law and Criminal Justice Books *

Author Information

Kai Ambos is Full Professor at the University of Göttingen, Judge of the Kosovo Specialist Chambers, The Hague, and Advisor (amicus curiae) to the Colombian Special Jurisdiction for Peace.

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