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NCJRS Abstract

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NCJ Number: 120320 Find in a Library
Title: Prevention State -- The Securities of the Objects of Legal Protection Versus Legal Security (From Crime Prevention and Intervention: Legal and Ethical Problems P 29-45, 1989, Peter-Alexis Albrecht and Otto Backes, eds.)
Author(s): E Denninger
Date Published: 1989
Page Count: 17
Sponsoring Agency: Walter de Gruyter & Co
1 Berlin 30, Germany United
Sale Source: Walter de Gruyter & Co
Genthiner Str 13
1 Berlin 30,
Germany (Unified)
Type: Issue Overview
Language: English
Country: West Germany (Former)
Annotation: West German constitutional law has not paid enough attention to the problems created by changes in the substantial functions of the State within the idea of law.
Abstract: The emphasis of State preventive activity has shifted from legal security to the security of legally protected interests. The democratic legislator must sort out the conflicting goals within the security of the objects of legal protection by the State, which guarantee to all persons equally the right to existence, legal security, risk provision, and social justice. Equality means equal treatment, equal sharing of burdens, and the exclusion of privileges, and its success requires that the individual recognizes a feeling of belonging to a legal community and that government derives its legitimacy from the will of the citizenry. 48 notes.
Main Term(s): Crime prevention measures
Index Term(s): Constitutional Rights/Civil Liberties; Deterrence; Germany
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