Moral order and the criminal law: reform efforts in the United States and West Germany.

by

Moral order and the criminal law: reform efforts in the United States and West Germany.

Moral order and the criminal law: reform efforts in the United States and West Germany.

Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform law > Criminal law and procedure > Administration of criminal justice > General

Edition Details

  • Creators or Attribution (Responsibility): Orlan Lee, T. A. Robertson
  • Language: English
  • Jurisdiction(s): Netherlands
  • Publication Information: The Hague, Nijhoff, 1973
  • Type: Book
  • Permalink: https://books.lawin.org/moral-order-and-the-criminal-law-reform-efforts-in-the-united-states-and-west-germany/ (Stable identifier)

Additional Format

Online version: Lee, Orlan. Moral order and the criminal law: reform efforts in the United States and West Germany. The Hague, Nijhoff, 1973 (OCoLC)573010929 Online version: Lee, Orlan. Moral order and the criminal law: reform efforts in the United States and West Germany. The Hague, Nijhoff, 1973 (OCoLC)608113719

Short Description

XXIV, 266 pages 24 cm

Purpose and Intended Audience

Useful for students learning an area of law, Moral order and the criminal law: reform efforts in the United States and West Germany. is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

  • Publisher: Nijhoff
  • Responsable Person: [By] Orlan Lee and T.A. Robertson. Foreword by Th. Wu?rtenberger.
  • Publication Date: 1973
  • Country/State: Netherlands
  • Number of Editions: 13 editions
  • First edition Date: 1973
  • Last edition Date: 1973
  • Languages: English
  • Library of Congress Code: K5001
  • Dewey Code: 345.43
  • ISBN: 9024715326 9789024715329
  • OCLC: 842692

Main 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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