“MORAL ORDER”AND THE CRIMINAL LAW：REFORM EFFORTS IN THE UNITED STATES AND WEST GERMANYPDF电子书下载

Chapter Ⅰ： CRIME, THE CRIMINAL LAW, AND THE ETHICS OF CRIMINAL-IZATION 1

A.The Extent of the Problem of Crime and Making the Criminal Law 4

B.Individual Freedom and Social Order 28

C."The Right-Minded" and "The Reasonable Man" 37

D."The Community" and "The People" 45

E.Legal Obligation and Moral Obligation 59

CRIMINAL LAW AND REFORM IN THE UNITED STATES 79

Chapter Ⅱ： HISTORICAL AND THEORETICAL PROBLEMS 79

A.What is a Crime? 80

(1) The Social Context of an Offense and the Extent of Criminalization 80

(2) Actus Reus and Mens Rea： The Criminal Act and the Measure of Guilt 83

(3) The Defense of Insanity and the Problems of Limited Responsibility 91

(4) The Defense of Mistake of Fact and Mistake of Law 95

B.Individual Rights during Enforement of the Law 99

(1) Search and Seizure 100

(2) Rights of the Arrested Party 111

(3) Bail and Pre-Trial Detention 114

C.Approaches to Criminal Law Reform 117

(1) The Theory and the Form of Correction 117

(2) Sentencing and Grading of Punishment 120

(3) Full-scale Reform vs.Piecemeal Revision：American Attempts at Recodification 126

Chapter Ⅲ： CURRENT ISSUES AND SELECTED SUBSTANTIVE REFORMS 134

A.Abortion： When Does Human Life Begin? 135

B.Drug Abuse and Marijuana： Moral Responsibility vs.Control of Morals 143

C.The Offense of Obscenity and The Problem of Consorship 152

D.Homosexuality： Controlling Personal Morality Through the Criminal Law 158

CRIMINAL LAW AND REFORM IN WEST GERMANY 169

Chapter Ⅳ： HISTORICAL AND THEORETICAL PROBLEMS： ISSUES IN THE "GENERAL PART" OF THE CODE 169

A.Full-scale Recodification： The Background of the German Criminal Law Reform 169

(1) Passage of the German Criminal Law Reform Acts 169

(2) Origins of the German Criminal Code and of the Present Reform： Contending Versions of Social Ethics in the Federal Republic 180

B.What is a Crime? 187

(1) The Gravity of an Offense and the Constituent Elements of an Offense 187

(2) The Concepts of Guilt and Mitigation 188

C.Approaches to Criminal Law Reform 191

(1) The Theory and Form of Correction 191

(2) The Grading of Punishment 197

Chapter Ⅴ： CURRENT ISSUES AND THE REFORM OF THE "SPECIAL PART" OF THE CODE 204

A.Political Offenses 204

(1) Constitutional Questions 204

(2) Treason, Betrayal, and State Secrets 210

B.Offenses against Religious Sensibilities 218

C.Offenses against Public Morality 224

(1) Abortion and Birth Control 224

(2) Homosexuality and Varieties of Sexual Offenses 235

(3) Adultery 245

Chapter Ⅵ： CONCLUSIONS ON THE ROLE OF FUNCTION AND IDEAL IN MAKING THE LAW 251

A.Social Ethics in the Law 251

B.Politics in the Formation of the Law 252

C.Public Conscience： Reason and Rhetoric 253

A Brief Bibliography of Sources on the German Criminal Law in English 256

A Note on the U.S.Supreme Court’s Decisions on Abortion 259

Index of Persons 263