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AuthorLee, Orlan. author
Title"Moral Order" and the Criminal Law [electronic resource] : Reform Efforts in the United States and West Germany / by Orlan Lee, T. A. Robertson
ImprintDordrecht : Springer Netherlands, 1973
Connect tohttp://dx.doi.org/10.1007/978-94-010-2438-9
Descript 290 p. online resource

SUMMARY

XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ยทthe German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ยทthe termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization


CONTENT

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 -- III: Current issues and Selected Substantive Reforms -- Criminal Law and Reform in West Germany -- IV: Historical and Theoretical Problems: issues in the "General Part" of the Code -- V: Current issues and the Reform of the "Special Part" of the Code -- VI: Conclusions on the Role of Function and Ideal in Making the Law -- A Brief Bibliography of Sources on the German Criminal Law in English -- A Note on the U.S. Supreme Courtโ{128}{153}s Decisions on Abortion -- Index of Persons


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