The Foundation and Philosophy of Criminal Law

Author: Nishihara Haruo
Publisher:
Publish Date: 2004-01-01
Features: This book explores the basis of state criminal authority, at least in Japan, there was no book on this topic then or now. The reason this book is favored by readers in China might be because, like Japan, there was no book on this topic in China either! The theme explored in this book is why human society needs punishment or criminal law? What gives the state the right to hold criminal authority? And who permits the state to exercise this power? These are all fundamental questions in criminal law. This book refers to the driving force behind criminal law and the impetus for its creation as the "basic elements of criminal law" and takes exploring and analyzing these elements as its main objective. This book is woven from the warp and weft lines of an analytical system that runs throughout the entire text. The warp lines of this book mainly consist of two: one is to examine the original driving force behind the creation of criminal law starting from the basic direction; the other is to examine the deviation from the original driving force behind the creation of criminal law. The author calls the former the examination of the physiological phenomenon of implementing state criminal authority, and the latter the examination of its pathological phenomenon. The warp of this book refers to the order of analysis. Since there are numerous elements behind criminal law that drive its creation, and these elements are densely organized in a systematic way, the author adopts a method that combines starting from the shallow to the deep and starting from the deep to the shallow, with a focus on starting from the shallow to the deep.