Criminal Law Dealing with Hate Crimes : Functional Comparative Law- Germany vs. USA
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Book Details
Format
Hardback or Cased Book
Book Series
Schriften zum Strafrecht und Strafprozeßrecht
ISBN-10
3631642202
ISBN-13
9783631642207
Edition
New
Publisher
Peter Lang AG
Imprint
Peter Lang AG
Country of Manufacture
DE
Country of Publication
GB
Publication Date
Jun 30th, 2014
Print length
337 Pages
Weight
640 grams
Dimensions
21.80 x 15.60 x 2.70 cms
Product Classification:
Comparative lawCriminal law & procedure
Ksh 13,500.00
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This penal law comparison regarding hate crime uses the method of functional comparative law to deal with the history and society of the USA and Germany, the common law tradition, codified law, the legal good doctrine, the Harm Principle, the wrong of a criminal offense and the blameworthiness of an offender committing a bias-motivated crime.
This study aims at providing a contribution to the current issue of hate crime. It analyzes the possibilities which are served by the German and the US American law to penalize bias-motivated crimes, while considering the historical and social background of both societies. It is questioned which legal goods are harmed by the committal of hate crime and whether the German penal law is suitable to address the wrong of hate crime and whether it is capable of properly punishing this sort of crime in respect to the blameworthiness of the offender. By applying the functional method of law comparison, understandings regarding the handlings of hate crimes in the USA and in Germany are exploited and, as a result, possible solutions for weaknesses of the prevailing law are offered.
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