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Crisis of the Criminal Law in the Democratic Constitutional State: Manifestations and Trends

Crisis of the Criminal Law in the Democratic Constitutional State: Manifestations and Trends

作者： Eduardo Demetrio Crespo; Alfonso Garcia Figueroa; Gema Marcilla Cordoba
出版商： Springer International
ISBN: 9783031134128
出版时间 March 2023
规格： Hardback
适应领域： Switzerland ? 免责申明：
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The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
Preface
PART I: LEGITIMACY OF PUNISHMENT IN THE DEMOCRATIC CONSTITUTIONAL STATE
(01) Is it possible to limit the penal intervention in the 21st century? Mirentxu Corcoy Bidasolo
02) Review on Retribution as Punishment Purpose - Eduardo Demetrio Crespo
(03) Crises of the ultima ratio Principle shall we resume the Constitutional Criminal Law Guidance? - Faustino Garcia de la Torre Garcia
(04) Enforced Disappearance: A precedent of the Enemy Criminal Law - Fernando Rovetta Klyver
PART II: CRISIS OF WARRANTY THINKING IN THE DEMOCRATIC CONSTITUTIONAL STATE AND CRIMINAL LAW
(05) Criminal Law and Legal Theory: not just legal Dogmatics, but never without it - Miguel Diaz y Garcia Conlledo
(06) The populist traces of punitive feminism - Alfonso Garcia Figueroa
(07) Harm, offense, and the Hate Speech - Victor Gomez Martin
(08) For a feminist and guarantism-based methodology in the criminal protection of sexual freedom - Gema Marcilla Cordoba
(09) Legal defeasibility the Limits between ductile Law and arbitrary Law - Angeles Rodenas
(10) Punishment and Communication in the post truth Society - Fernando Guanarteme Sanchez Lazaro
(11) Presumption of innocence and pre-trial detention in the light of Directive (EU) 2016/343 - M. Agata Sanz Hermida
PART III: EXPANSION AND TRIVIALIZACION OF CRIMINAL LAW IN THE DEMOCRATIC CONSTITUTIONAL STATE
(12) Criminal Law Protection of Competition: An Instance of Punitive Excess? - Demelsa Benito Sanchez
(13) The Impact of Soft law on the Expansion of Criminal Law - Monica de la Cuerda Martin
(14) Ceilings for the criminal liability of internet service providers - Jesus Ivan Mora Gonzalez
(15) Contentious Politics and Penal Expansion in Spain: A Decade of Criminalization of Protest - Manuel Maroto Calatayud
PART IV: PARADIGM OF DANGER AND SECURITY IN THE CRIMINAL LAW IN THE DEMOCRATIC CONSTITUTIONAL STATE
(16) Why do they call it dangerousness when they mean risk assessment? Using risk assessment in the Spanish Criminal Justice System - Maria Pilar Marco Francia
(17) Criminal law of security: serious crime and visibility - Laura Zuniga Rodriguez

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