Home Archive 2023 ISSUE № 10/2023 THEORY OF CRIMINAL LEGISLATION. SOCIAL CONDITIONING OF CRIMINAL LAW

THEORY OF CRIMINAL LEGISLATION. SOCIAL CONDITIONING OF CRIMINAL LAW

Български English

Author

prof. Nikola Filchev

 

Annotation

Before creating a theoretical model of criminal law-making, it is necessary to examine the social conditioning of criminal law. In other words, it is necessary to discover the social roots of legal decisions and, more precisely, to establish the social reasons that give rise to criminal norms and determine their content. These phenomena are studied by the sociology of criminal law. It has as its subject: a) First, the social conditioning of the criminal law - both the criminalization of acts and the differentiation of criminal liability (law-making); b) Second, the social mechanism of action of the criminal law (law enforcement): c) Third, the sociology of criminal law studies the effectiveness of the criminal law and prepares recommendations for its improvement.

 

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