Scraps of Penal Theory
By Nils Jareborg
122 pages, 6" x 8 ¾"
OBJECTIVE ASCRIPTION OF CRIMINAL HARM
Two kinds of possibility, Two kinds of likelihood, Danger-creation and risk taking, The retirement of carelessness, Ascribing carelessness, Causing harm through carelessness, Omission and carelessness
CRIMINAL ATTEMPTS AND PENAL VALUE
Elements of an attempts doctrine, Penal value, Crime ideologies, Attempts and crime ideologies, Mentality ethics and conduct ethics, In defense of a conduct ethics
NEGLEGENCE AND DESERT
General culpability requirements, Negligence, carelessness and negligence, culpability and blameworthiness, moral blindness
WHY BULK DISCOUNTS IN MULTIPLE OFFENCE SENTENCING?
Introduction, Multiple criminality, Principles and models, The German sentencing pattern, Explanations in German literature, Bulk discounts and proportionality, Postscripts
What is an ideology, Penal law ideologies, The primitive conception, The collectivistic conception, The radical conception, Criticism of the collective conception, Some consequences, Postscript
WHAT KIND OF CRIMINAL LAW DO WE WANT?
Three levels of punishment, Defensive criminal law policy and classical criminal law, The defensive model, The offensive approach, Abuse of punishment, Abuse of incarceration, New forms of criminality, Conclusion
HUMANITY AND SENTENCING
Introduction, The essence of punishment, The level of repression, Forms of punishment, Alternatives to imprisonment, Sentencing Criteria, Multiple criminality, Young and mentally disturbed offenders, Enforcing imprisonment, Conclusion.
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