Behavior Responsibility Criminal Law: Functional Description

Author: [German] Jakob von Uexküll
Publisher:
Publish Date: 1997-10-01
Features: Society is a normative world constituted by people's orderly interactions. Only when norms govern people's interactions, that is, when norms become the standard interpretive model for people's actions, is society real. This form of society signifies normative connection, and it is precisely norms that make both society and individuals graspable and understandable. The essence of crime is not the violation of legal interests, but the denial of norms. The function of criminal law is not to protect legal interests, but to ensure the validity of norms. The function of criminal law is not to prevent the criminal from committing crimes in the future, but to prove that people's reliance on the validity of norms is correct, while the criminal is wrong. Criminal law negates crime through punishment, fostering people's recognition and loyalty to norms.