Basic Theory of Criminal Law: Deterrence by Norm in Liberal Democracy

This book examines the underlying principles of criminal law, both substantive and procedural law. In continental law countries, the analysis of substantive criminal law has relied heavily on concepts such as "retribution" and "free will" under the strong influence of German legal thought. However, these concepts often lack a scientific basis and mean little for the function of criminal law in the real world. Norms prohibiting criminal conduct are not mere "ideas," but intersubjectively exi...