Methodology of Criminal Law Theory: Art, Politics or Science?

Prof. Dr. Shin Matsuzawa; Prof. Kimmo Nuotio

doi:10.5771/9783748904755

Summary

This book discusses whether criminal law theory, or in more general terms, general law theory can be regarded as a branch of science. The issues addressed in this book are following: Is the criminal law scholarship which obviously informs the legal system itself a form of science, and in what sense? Can there be systemic developments in criminal law theory?The issues concerning the nature of the knowledge of criminal law in the core areas of the field are of course closely linked with issues concerning what legal science is more generally about. A reflective discussion in the field of criminal law on these issues may contribute to the general discussions in legal theory, and also it serves the interest of understanding where criminal law theory stands when legal research is increasingly faced with challenges of interdisciplinarity. With contributions byPetter Asp, Thomas Elholm, Liang Genlin, Luís Greco, Eric Hilgendorf, Jørn Jacobsen, Heike Jung, Massimiliano Lanzi, Shin Matsuzawa, Kimmo Nuotio and Michael Pawlik.

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Bibliographic data

Edition: 1/2021
Copyright Year: 2021
ISBN-Print: 978-3-8487-6377-1
ISBN-Online: 978-3-7489-0475-5
Publisher: Nomos, Baden-Baden
Series: Studien zur Strafrechtstheorie und Strafrechtsethik
Volume: 4
Language: English
Pages: 235
Product Type: Edited Book

Titelei/Inhaltsverzeichnis No access Pages 1 - 8
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1. I. Foreword No access
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2. Authors:
  1. 1. Characteristics of Legal Dogmatics of Criminal Law in Germany No access
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  2. 2. Characteristics of legal dogmatics of criminal law in Japan No access
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  3. 3. Appropriateness of normative construction of legal dogmatics of criminal law No access
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  4. 4. Orientation towards a more scientific dogmatic of criminal law No access
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3. Authors:
  1. 1. Pre-War: Positivism No access
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  2. 2. Post-War: Empirical studies of law No access
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  3. Authors:
    1. (1) Introduction No access
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    2. Authors:
      1. (i) Uppsala school No access
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      2. (ii) Alf Ross No access
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  4. Authors:
    1. (1) Ross theory: The concept of valid law and prediction theory No access
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    2. (2) Method of conceptual structure by Waaben: Criticism of German methodology No access
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    3. (3) Application by the author No access
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4. Authors:
  1. 1. Introduction No access
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  2. 2. Is valid law only applicable to thought process of judges? No access
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  3. 3. Can predictions be proven true or false? No access
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  4. 4. Judges subjected to prediction react to the situation: Can there be science in such a relationship? No access
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  5. 5. Distinction between legal dogmatics and legal politics No access
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  6. 6. Would it not be an obstacle to nurturing students and jurists capable of external criticism? No access
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  7. 7. What are the features of judges' thought process? No access
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  8. 8. Conclusion No access
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5. Authors:
  1. 1. Methodology for extraction of theory No access
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  2. 2. Method of theoretical structuring No access
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6. Authors:
  1. 1. Foundation of legal politics of criminal law No access
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  2. 2. Function of creation of law by judges and legal politics of criminal law No access
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  3. 3. On the definition of logic No access
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7. VII. Conclusion No access
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1. [Introduction] No access
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2. [Law is Janus-faced] No access
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3. [Rules and principles] No access
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4. [Constructing the law or just working with the materials] No access
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5. [Rules, principles and the actors of the legal system] No access
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6. [The system and its ability to determine what judges do] No access
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7. [The Meta-Norms on the Sources of Law adds to the Openness] No access
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8. [Concluding remarks] No access
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1. Introduction No access
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2. Highlighting the differences No access
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3. Alf Ross and the concept of valid law No access
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4. The separation between dogmatics and politics No access
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5. Asp vs Matsuzawa – do they agree in the end? No access
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6. Hypothesis 1: A normative approach can be equivalent to a study of the thought processes of judges No access
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7. Hypothesis 2: Value judgments are necessary for judges No access
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8. Hypothesis 3 – Both approaches are beneficial to society No access
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9. There is Nothing New under the Sun? No access
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10. Conclusion No access
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1. 1. The Finnish entrance point No access
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2. 2. Criminal law as a science No access
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3. 3. One step back towards a normative understanding of criminal law No access
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4. 4. Where to go next? No access
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1. 1 Introduction No access
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2. 2 Aim and Actuality No access
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3. 3 Starting Point: The Concept of Science No access
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4. 4 Engaging the Concept of Law No access
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5. 5 More on Legal Doctrine’ Justification Challenge No access
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6. 6 Solving the Justification challenge No access
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7. 7 Epilogue: No Farewell to Criminal Law Doctrine No access
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1. I. The undertaking at issue No access
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2. II. Sublime German theory? Or: German criminal law scholarship, seen from within No access
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3. III. Exemplification: Foundation and limits of the justification of aggressive necessity. Or: A German criminal law essay, seen from within No access
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4. IV. Conclusion No access
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1. Naturalism in Law and Philosophy No access
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2. Historical Links between Law and Science No access
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3. Authors:
  1. Questions of Value in Law No access
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  2. Sociobiological Reasoning in Law? No access
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  3. An Interest-Oriented Concept of Value Foundation No access
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4. Naturalism in Legal Doctrine No access
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5. Authors:
  1. Human Dignity No access
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  2. Causation No access
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6. Authors:
  1. Statutory Interpretation No access
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  2. The Application of Law No access
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7. Conclusion No access
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8. References No access
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1. I. Why this topic? No access
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2. II. From „art“ to science (?): a few glimpses of history No access
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3. III. Making sense of „legal science“ No access
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4. IV. Some practical consequences No access
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5. V. Conclusion No access
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1. 0. Introduction. No access
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2. 1. Just a matter of definition... or isn’t? No access
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3. 2. The success of the scientific method in Criminal Law Science. No access
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4. 3. A new puzzle of sources for the Criminal Law. No access
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5. 4. From objectiveness to case-by-case justice. No access
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6. 5. The approach of Criminal Law Science to the new legality model. No access
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1. Introduction No access
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2. I. Learning from Soviet Union: Main Points of the "Four Constituents" Theory of Crime Construction No access
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3. Authors:
  1. 1. Construction of Three-Layered Structure of Crime of Professor Chen Xingliang No access
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  2. 2. Construction of Two-Layered Structure of Crime of Professor Zhang Mingkai No access
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4. III. Preservation and Improvement of the “Four Constituents” Theory No access
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5. IV. The Doctrine of Modification Between Preservation and Reconstruction No access
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6. Authors:
  1. 1. Ambiguity of the Step-Up Level Theory as Reference Model No access
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  2. 2. Preference for Theory Restricted by the Educational Background of Scholars No access
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  3. 3. Influence of Personal Value Concept and Individualized Research Style of Scholars No access
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  4. 4. Lack of Thorough Understanding of German and Japanese Criminal Law Theories No access
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  5. 5. Lack of Adjustment to Theory and Practice in China No access
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1. I. The Autonomy of Legal Discourse and Its Limits No access
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2. II. Is the General Theory of Crime a Scientific Discipline? No access
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3. III. The Affinity of the General Theory of Crime with Philosophy No access
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4. IV. A Glance Back at the History of Ideas (1): The Self-Conception and Practice of the General Theory of Crime No access
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5. V. A Glance Back at the History of Ideas (2): The Contribution of Philosophy to the General Theory of Crime No access
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6. VI. The Task of Today’s General Theory of Crime No access
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List of Contributors No access Pages 235 - 235