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Crisis of the Criminal Law in the Democratic Constitutional State

Manifestations and Trends

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  • © 2023

Overview

  • Points out the causes of the crisis of constitutional criminal law
  • Covers issues of criminal law, procedural law and philosophy of law
  • Provides up-to-date bibliography on the dogmatics of fundamental rights, criminal law and the philosophy of law

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Table of contents (17 chapters)

  1. Legitimacy of Punishment in the Democratic Constitutional State

  2. Crisis of Warranty Thinking in the Democratic Constitutional State and Criminal Law

  3. Expansion and Trivialization of Criminal Law in the Democratic Constitutional State

  4. Paradigm of Danger and Security in the Criminal Law in the Democratic Constitutional State

Keywords

About this book

The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.

Editors and Affiliations

  • Faculty of Legal and Social Sciences, University of Castilla-La Mancha, Toledo, Spain

    Eduardo Demetrio Crespo, Alfonso García Figueroa

  • Faculty of Law, University of Castilla-La Mancha, Albacete, Spain

    Gema Marcilla Córdoba

About the editors

Eduardo Demetrio Crespo (Solothurn, 1970) is Professor of Criminal Law at the University of Castilla-La Mancha in Toledo (Spain). His work, partly conducted at the Universities of Cologne, Cambridge, and European University Institute of Florence, includes publications on Sentencing and Philosophy of Punishment, General Theory of Crime and Economic Criminal Law. His main books are: Prevención general e individualización judicial de la pena (1999), La tentativa en la autoría mediata y en la actio libera in causa (2003), Responsabilidad penal por omisión del empresario (2009), Fragmentos sobre Neurociencias y Derecho penal (2017) and El Derecho penal del Estado de Derecho entre el espíritu de nuestro tiempo y la Constitución (2020). He is currently focused on interdisciplinary research between Neuroscience, Artificial Intelligence and Criminal Law.

Alfonso García Figueroa (Madrid, 1968) is full Professor of Legal Philosophy at the Faculty of Law of the Universityof Castilla-La Mancha at Toledo (Spain). His research, partly undertaken at the Universities of Catania, Oxford and Kiel, includes works on legal theory, legal argumentation, political philosophy and philosophy of sport. He has held seminars at High Courts in México, Brazil, El Salvador and Perú and he has also collaborated on a regular basis as an ethics expert with the Research Executive Agency of the European Commission (REA) at Brussels. His main books are: Criaturas de la moralidad (Madrid, 2009), Pleitos divinos (Lima, 2014) and Moral de victoria. Una filosofía del deporte (Barcelona, 2021).

Gema Marcilla Córdoba is a Professor of Philosophy of Law at the University of Castilla-La Mancha, since 2007. She graduated from the School of Law (1995), Specialist in Constitutional Law and Political Science (CEPC, 1998), and Doctor in Law (2003). She is the author of the publication Legislative Reasonableness (CEPC, 2005). She has published in legal sciences specialized and prestigious journals and editorials. For instance, "Professional ethical codes and Ethical codes for the exercise of public office" (ACFS, 2019); "Proportionality in Lawmaking" (Springer, 2019); "Criminal Garantism and Sexual Offenses" (Palestra, 2020). She has completed two research fellowships in Germany (Max-Planck Institut in Heidelberg) and two in England, at the University of Oxford and a short one at the University of Birmingham (2018). She has lectured in face-to-face and online postgraduate courses in Spanish and Latin American universities.


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