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The book was the first full-scale work to tackle criminal reform and to suggest that criminal justice should conform to rational principles. It is a less theoretical work than the writings of Hugo Grotius , Samuel von Pufendorf and other comparable thinkers, and as much a work of advocacy as of theory.
Mönchengladbach, 26 July 1937) [citation needed], is a German jurist, specializing in criminal law, criminal procedural law and philosophy of law. [ 1 ] Jakobs studied legal sciences in Cologne, Kiel and Bonn, and in 1967 he graduated from the University of Bonn with a thesis on criminal law and competition doctrine.
The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics , as well as to criminal justice in practice.
Labeling theory refers to an individual who is labeled by others in a particular way. The theory was studied in great detail by Becker. [52] It was originally derived from sociology, but is regularly used in criminological studies. When someone is given the label of a criminal they may reject or accept it and continue to commit crime.
Another early form of the theory was proposed by Reiss (1951) [3] who defined delinquency as, "...behavior consequent to the failure of personal and social controls." ." Personal control was defined as, "...the ability of the individual to refrain from meeting needs in ways which conflict with the norms and rules of the community" while social control was, "...the ability of social groups or ...
This was the seed of Sutherland's theory of differential association, which was fully developed in the fourth edition, published in 1947. Further editions of the book were published after Sutherland's death in 1950 by Cressey and D. F. Luckenbill as co-authors.
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Postmodernists shift attention from Marxist concerns of economic and social oppression to linguistic production, arguing that criminal law is a language to create dominance relationships. For example, the language of courts (the so-called "legalese") expresses and institutionalises the domination of the individual, whether accused or accuser ...