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Nationalist Socialist Criminal Law: Continuity and Radicalization

Autor Professor Dr. jur. Kai Ambos
en Limba Engleză Hardback – 13 noi 2019
Preface by R.A. DuffIn line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist ("Germanic"), and totalitarian construct that continues and develops further the authoritarian and anti-liberal tendencies of German criminal law of the fin-de-siècle and the Weimar Republic. This is borne out by a systematic analysis of writings by relevant authors that focuses first and foremost on the texts, which speak for themselves, and is less concerned with morally judging the scholars who produced them. Furthermore, the study shares novel insights on the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity existed not only between the Nazi period and the eras preceding it, but also between National Socialism and the period that followed (the Bonn Republic). In short, National Socialist criminal law neither came out of nowhere nor disappeared completely after 1945. Current identitarian attempts by the so-called Neue Rechte ("New Right") to reconstruct the Germanic myth represent yet another continuation that links seamlessly to National Socialist ideology.
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Specificații

ISBN-13: 9781509936786
ISBN-10: 1509936785
Pagini: 208
Dimensiuni: 156 x 234 mm
Greutate: 0.41 kg
Editura: Bloomsbury Publishing
Colecția Nomos/Hart
Locul publicării:London, United Kingdom

Notă biografică

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.

Cuprins

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 exclusion2. The material concept of justice and wrongdoing, ethicisation, "total" criminal law and deformalisation3. 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 School1. 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 punishments5. 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 Agency1. 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?

Recenzii

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.