We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 21 September 2020
The remarkable normative shifts after the National Socialists assumed power also affected criminal law. This chapter outlines how NS criminal law theorists increasingly focused on the perpetrator’s evil will rather than on the criminal act itself. This led them to suggest a so-called will-based criminal law, which would make penal law particularly vulnerable to the racial and social prejudices of Nazi ideology. We discuss in detail the main transformations in criminal law, which are: focus on deterrence and retaliation; approval of honor-punishment; replacement of the liberal principle nullum crimen, nulla poena sine lege (no punishment without law) by that of nullum crimen sine poena (no crime without punishment); admission of analogy in criminal law, development of a so-called “will-based criminal law” and a perpetrator typology.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
