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The first question that Maher poses concerns the link between “not prosecuting children because of their age” and the idea of criminal responsibility. Criminal responsibility is then characterized as being concerned “with the criteria for... more
The first question that Maher poses concerns the link between “not prosecuting children because of their age” and the idea of criminal responsibility. Criminal responsibility is then characterized as being concerned “with the criteria for attributing to a person who has been found to have engaged in criminal conduct liability to receive some sanction for it.” The attribution is then typically based either on “some mental element of the accused in the act itself, or on a more general capacity to engage in criminal conduct.” The problem now is that if we analyze the different conditions that must be satisfied if punishment is to be justified as Maher does, there seems to be no natural place for age limits. It might therefore seem that the question of an age limit has no direct contact with the justification of punishment, and that the age requirement is not a real part of the responsibility issue. This understanding would support the view that the rules relating to age are procedural ...
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In the article, the author describes the history of the formation of constitutional legislation in Finland and, in particular, notes the key events and participants in the process of constitutionalism in the country. The author describes... more
In the article, the author describes the history of the formation of constitutional legislation in Finland and, in particular, notes the key events and participants in the process of constitutionalism in the country. The author describes the Finnish arrangement for monitoring that the adopted laws comply with the Finnish constitution and its provisions of fundamental rights as well as the human rights obligations of Finland. Of particular importance in the article is the description of the development of the institution of fundamental human rights and freedoms, their form of consolidation in the legislation, as well as the shrinking role of customary law. The author emphasizes the important role of the provisions of the Constitution not only in guaranteeing the realization of rights and freedoms, but also in providing guidance for the subsequent development of legislative regulation on various fields of law, including the rights and duties relating to providing of a healthy environm...
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In the article, the author describes the history of the formation of constitutional legislation in Finland and, in particular, notes the key events and participants in the process of constitutionalism in the country. The author describes... more
In the article, the author describes the history of the formation of constitutional legislation in Finland and, in particular, notes the key events and participants in the process of constitutionalism in the country. The author describes the Finnish arrangement for monitoring that the adopted laws comply with the Finnish constitution and its provisions of fundamental rights as well as the human rights obligations of Finland. Of particular importance in the article is the description of the development of the institution of fundamental human rights and freedoms, their form of consolidation in the legislation, as well as the shrinking role of customary law. The author emphasizes the important role of the provisions of the Constitution not only in guaranteeing the realization of rights and freedoms, but also in providing guidance for the subsequent development of legislative regulation on various fields of law, including the rights and duties relating to providing of a healthy environm...
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Criminal law is shaped by many forces: it has to be seen as in a larger legal, historical, political and cultural context. Finnish criminal law is known for the fact that it is based on values such as democracy, rule of law and human... more
Criminal law is shaped by many forces: it has to be seen as in a larger legal, historical, political and cultural context. Finnish criminal law is known for the fact that it is based on values such as democracy, rule of law and human rights and that, in penal policy terms, it aims at being recognised as ‘rational and human’. The development of Finnish criminal law differs significantly from the trend towards punitiveness that has been dominant in the UK and the US in recent decades. This article aims to explain in more detail the circumstantial logic behind the development of Finnish criminal law.
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Zusammenfassung: Handlung, Gefahr, Erfolg : zu den philosophischen, kriminalpolitischen und dogmatischen Grundlagen der strafrechtlichen Zurechnung. Väitösk. -- Helsingin yliopisto.
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European Union (EU) law is known for its strong emphasis on effectivity and more generally for its instrumental character. This is not foreign even to European criminal law, a feature which creates some tension between the EU criminal law... more
European Union (EU) law is known for its strong emphasis on effectivity and more generally for its instrumental character. This is not foreign even to European criminal law, a feature which creates some tension between the EU criminal law and criminal law in the national setting. EU Framework Decisions and Directives often require the Member States to criminalize certain forms of conduct with sanctions that are ‘Effective, Dissuasive and Proportionate’. In this article, I try to show that it would be timely to look at EU criminal law from an alternative point of view, as a more mature law. I call this a legitimacy-based approach. Such a reading would ease some of these tensions. It would also be helpful in developing a criminal policy for the EU, a policy which would be realistic and pragmatic. And it would be easier to look at EU criminal law from the point of view of justice. In order to get there, we need to see where the (current) narrow deterrence argument gets is wrong or one-...
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Ylänimeke: OikeudenalojaEnglish summary: Doctrine of sources of law and general doctrines of law (s. 1468-1469.