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Günther Jakobs

Strafrechtswissenschaftliche Beiträge

Zu den Grundlagen des Strafrechts und zur Zurechnungslehre
Edited by Michael Pawlik
[Essays on Criminal Law. On the Fundaments of Criminal Law and the Doctrine of Attribution.]
2017. XVI, 733 pages. unrevised ebook edition 2025.
DOI 10.1628/978-3-16-167873-8
Published in German.
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Summary
In the first section of Günther Jakobs' essays in this collection of over thirty, state penalty legitimising requirements are examined before attention turns to the significance and aim of the sentence. The usual understanding of criminal law as an effective remedy is rejected in favour of protecting norm validity. The contributions contained in the second part of the volume deal with the relationship between coercion and personality, while the third and most wide-ranging section contains observations on criminal attribution - be it for active deeds or those of omission. Moving on, the subjective side of the offence, focusing on the concept of guilt, and encompassing the consequences of modern brain research for criminal law, is addressed. The fundamental approach of all the essays is a social-functional one: the delinquent person is pre-formed by society.