The book addresses the issue of legitimate criminalisation in a modern liberal society, which, it is argued, should be limited by normative principles. In part, it is a comparative study between two major criminal legal systems and its theories (the Anglo-American and the Continental criminal legal system). Moreover, it explores a model structure of the ideal criminalisation, whose central element is the Anglo-American ‘harm principle’, which is elaborated upon, its main elements (particularly ‘harm’) and functions analysed, and some controversial open questions tackled.
COBISS.SI-ID: 1129294
Reviewed article describes in detail the trend of “extension of the concept of security” (and security pressure) on the conduct of others which is not crime in the strict sense of the word, but a conduct which in any way deviates from social mores and is as such regarded as improper, indecent or anti-social. The article presents for the first time certain results of the empirical qualitative study of media representations of such behaviour and analyses the complex set of emotions, stimulated by the anti-social behaviour of others, as well as certain legal responses to such behaviour.
COBISS.SI-ID: 1481194
The article tackles the theme of security which assumably jeopardised by crime (particularly organised crime) and in whose name states and supranational institutions adopt numerous measures, often limiting individual rights and liberties. Security is scrutinised as a human need, a value, a ‘legal good’ (Rechtsgut) as well as a myth ridden with numerous paradoxes. The chapter represents the first Slovenian systematic and interdisciplinary examination of the concept of security, which lies at the heart of many a modern legal document and forms basis for international cooperation in this field.
COBISS.SI-ID: 1188174
The article (forthcoming as a chapter in a German scientific monograph) inspects law on violations, which today represents one of the methods of criminalisation, criminalisation through the back door, so to speak.The article for the first time presents a list of reasons and legal-philosophical arguments on the basis of which one could claim that violations (or at least some of them) contain (similar) »censure« that can be found in criminal law in the narrow sense and that, therefore, legal paternalism in the law on violations is similarly contentious as in the criminal law proper.
COBISS.SI-ID: 00000000
In this substantial article, we first address successes of the concept of human rights, juxtapose them with the most important criticisms and contemporary crises of human rights’ concept and evaluate the importance, functionality and success of the concept of human rights today. The article then tackles the influence of certain types of contemporary crime on human rights, state responses to the 'new terrorism' and the 'security culture' that dictates several such responses, and concludes with a criticism of the metaphor of balancing between security and liberty or human rights.
COBISS.SI-ID: 00000000