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Furthermore, the links to the Enlightenment tradition of liberal humanism are visible. Copyright. Even the various possible categories of legally protected interest could be looked at critically in order to see whether they deserve the protection of the criminal law. The first is mainly of a legal quality, whereas the second requires a sufficiently weighty social need. This approach might also be called systematic. Google Scholar Turk, Austin T. (1972). Characteristics are specific to local cultures 4. We should also work more with the relationship between political thinking and a theory or view of criminalization. Even normative scrutiny of the guiding principles cannot provide us with full answers to the political questions, but it would frame the margins of political decision-making. "Toward Construction of a Theory of Delinquency" by Austin T. Turk But it is doubtful that a belief system can be protected by the criminal law. fao.b*lIrj),l0%b A relativist theory of criminalization indicates that the law develops, or should develop, at the same pace as society more generally. Theft is not just the particular action of taking and removing of personal property with intent to deprive the rightful owner of it, it is an essential interference with a legally recognized system of rights. The actual criminal law is one of the markers of a good and decent polity. Further, the concept of a public wrong might need to be connected with that of public goods. Criminal codes are increasingly amended by new provisions covering economic and environmental offences, organized crime, trafficking offences, sexual offences, terrorism, and many other forms of criminality. The we perspective is normatively binding in the sense that even affected groups and people, even the potential perpetrator, need to be addressed and involved in this debate. As a result, the democratic legitimacy of criminalization is pushed into the background. The fundamental rights approach also manages to preserve some idea of how the reasoning concerning decisions to criminalize should be formulated. The rich German scholarship on Rechtgutslehre could be regarded as an effort to reflect on the limits of the criminal law. Religious insults have the potential to trigger severe and violent conflicts if believers start defending the primary values of their beliefs against intentional offence. It asserts that conflict has the potential to occur wherever there is a social life and subsequently result in arrests, restraining of orders, boycotts, and revolutions among other numerous responses and reactions. This is why we have administrative fines and the like. Power is largely held by those who. . Chapter 09 Practice Questions - Chapter 9 Matching Match varies, according to Black, with other aspects of social life, including stratification, morphology. How to Use Questionnaires, Interviews and Discussions in Research Papers, Stereotypical Expressions and Contradictions in Movies. In order to avoid circularity, the interests should be recognizable separately; independently of the norms of the penal law and the interpretation thereof.26 The doctrine of Rechtsgter mediates between social practices and legal matters, and has the potential to serve as a point of reference. Behavior of Law, Black (1976) explains the variations in law across societies and among individuals, within societies. Theory of criminalization (conditions result in criminalization). Mere endangerment would not be enough to found an offence. This brings the discussion close to the legal theory debates about basic rights as legal principles.31, In German scholarship, Otto Lagodny has produced an extensive study of the mutual relationship between criminal law and constitutional law.32 The study proves the usefulness of a constitutional law analysis in various areas of criminal law.