| The research topic is highly relevant at the moment. Current phenomena like risk society , utopia of safety , value relativism have important effects on criminal law itself. Modern criminal law, as influenced by these trends, is lacking a firm theoretical legitimacy and gets more and more instrumentalized in the war on crime . Moreover, criminal law has lost its autonomous position, because the boundaries between criminal law, civil law and administrative law have been blurred. For example, there is an administrative metamorphosis of criminal law (fining by the Public Prosecution) and at the same time there is a punitive metamorphosis of administrative law (administrative fines). The creation of hybrid systems of sanctioning led to a shift from reparation or compensation (typical for civil and administrative sanctions) to prevention and general deterrence. The research is primarily of a meta-juridical nature. The first central question of the research project runs as follows: is remoralization of criminal law possible, desirable and necessary in order to relegitimize and rejustify postmodern criminal law? The second main question is: what does remoralization of criminal law mean for the debate on criminalization? To answer these questions an extensive study of political, legal and practical philosophy is required. |
