The Importance of Placing Blame: Criminal Law and the Stabilization of Norms
Journal
Criminal Law Forum
Type
journal article
Date Issued
2020-06-01
Author(s)
Abstract (De)
This article argues that the function of criminal law and of punishment consists in stabilizing norms by ascribing culpability. A theoretical and sociological examination of the mechanism of placing blame reveals that it consists of three elements. Blame is placed only if a capable addressee of norms is present (personhood), if this person was in the time of offending competent enough to question a norm (competence), and if this person actually communicated a negation of this norm (message). If these requirements are met, an act destabilizes the norm effectively, and punishment becomes necessary. The fault requirement therefore is crucial for fulfilling criminal law’s function, i.e. the stabilization of norms within society by means of punishment. In outlining the social importance of placing blame, this article establishes a basis for both a sociological approach to and a normative discussion regarding theories of punishment and of responsibility, and discloses that respecting the principle of culpability is not only an expression of justice but also one of social necessity.
Language
English
HSG Classification
contribution to scientific community
HSG Profile Area
LS - Business Enterprise - Law, Innovation and Risk
Refereed
Yes
Publisher
Springer
Volume
31
Start page
147
End page
178
Pages
32
Subject(s)
Division(s)
Eprints ID
259751
File(s)![Thumbnail Image]()
open.access
Name
Simmler_The Importance of Placing Blame_2020 Journal Version.pdf
Size
396.92 KB
Format
Adobe PDF
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