Publication & Articles 2013

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Anders Breivik: Evil, Insane or just Criminal? [ Volume 3 – 2013]

14 June 2013

Violent actions cause violent reactions. Such is the case with the Oslo Massacre and the Utøya Massacre committed by Norwegian Anders Behring Breivik. His face grinning out of a police van shortly after he was arrested suggested looking into the devil’s own visage. The newspaper headlines were respectively harsh. Breivik was generally denominated as wholly evil. Being evil seemed to be the only possible explanation to the...

The Taste of Cherries* – The state of legal certainty in European criminal law [ Volume 3 – 2013]

14 June 2013

Japan’s culture of cultivating cherry trees is renowned and admired all over the world.As a token of her friendship, Japan has bestowed many of these cherry trees to foreign governments and institutions. Let us assume, for the sake of this paper, that one of these trees is now rooted in Brussels, Belgium, which many consider to be the capital city of Europe as it is so closely linked to law-making at the European level. This...

”Corporate Criminology“ – Causes and Prevention of Corporate Crime [ Volume 3 – 2013]

14 June 2013

A discussion about the most effective prevention of corporate crime (through punishment or alternative measures) requires some understanding of the causes of this type of delinquency. In this contribution I will give a summary of important criminological theories in this field. In order not to raise false expectations: as yet, there is no elaborate separate criminological branch called “Corporate Criminology” – but there are...

Stalking – a Criminological Perspective [ Volume 3 – 2013]

14 June 2013

The first anti-stalking law was introduced in 1990 in California. In Japan, a national anti-stalking law was enacted in 2000. Seven years later, in 2007, after a long period of discussions on different versions, an anti-stalking law finally became effective in Germany. For a very long time, the phenomenon of stalking had been ignored by the German society and only recently, research has started to investigate this...

International Criminal Law as a Means to Fight the “Hostes Humani Generis”? – On the Dangers of the Concept of Enemy Criminal Law [ Volume 3 – 2013]

14 June 2013

The International Criminal Court “is fighting impunity”. The International Criminal Tribunal for former Yugoslavia described how “the torturer has become, like the pirate and the slave trader before him, hostis humani generis, an enemy of all mankind”.[1] And also Hannah Arendt when writing about Eichmann averred that Israel was capturing an outlaw, a hostis humani generis.[2]

“Mille-feuilles influences” – Reception of foreign law in the Edo-Meiji period Japan [ Volume 3 – 2013]

10 June 2013

Modern Japanese law was influenced not be a single western legal system, but of multiple systems from countries such as China, Netherlands, France, England and Germany; and the United States of America after World War II. At the same time, needless to say, the traditional legal culture since the Edo period still remains in modern Japanese law. On account of this, in the field of Japanese legal history, there has long been...