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Crime

(578 words)

Author(s): Loos, Fritz
[German Version] I. The word crime appears in a wide range of contexts, both in technical (e.g. moral philosophy or history) and everyday usage; it is especially common in the usage of practical ethics. The term is defined more closely in the various fields of criminal law, both normative (criminal law dogmatics as the theory of positive criminal law, criminal policy) and empirical (criminology). II. Normative criminal law commonly distinguishes between formal and material concepts of crime, although the exact boundary between them is a matter of deba…

Self-defense

(1,166 words)

Author(s): Loos, Fritz | Kreß, Hartmut
[German Version] I. Law In German law self-defense means any defensive action that is necessary to avert an imminent unlawful attack (German Criminal Code §32 para. 2). An action in self-defense is justified (not a crime) and therefore not subject to sanction (according to §32 para. 1 no culpability, according to German Civil Code §227, no liability for damages). In German law, the defense of a third party against attack is equivalent to self-defence. The condition for self-defense is a situation that makes it necessary. This requires a threat by another person agains…

Will

(3,711 words)

Author(s): Markschies, Christoph | Loos, Fritz | Herms, Eilert | Hühn, Lore
[German Version] I. History of the Term The development and spread of the term will go hand in hand with the history of Christian theology. Classical Greek had no single, distinct term like will denoting an independent mental faculty. The voluntative dimension was contained in the terms used for rational deliberation, decision-making, willingness, and non-rational desire. For Aristotleβουλή/ boulḗ is conation (Striving) that ensues after deliberation and hence is guided by reason based on knowledge ( De anima III 10, 433a ¶ 20–23). In the Bible, especially in Paul, the phenom…

Criminal Law

(3,505 words)

Author(s): Otto, Eckart | Sellert, Wolfgang | Loos, Fritz | May, Georg | Krawietz, Birgit
[German Version] I. Old Testament – II. History – III. German Criminal Law Today – IV. Penal Canon Law (Roman Catholic) – V. Islam I. Old Testament Old Testament law (Law and legislation: II) emerged from three sources: (1) it reinforced mutual expectations based on norms of behavior by means of criminal ¶ laws supporting general prevention of criminal conduct; (2) it minimized violence by regulating conflicts through casuistic law (Law and jurisprudence: III) as the precursor of modern civil law, and (3) it regulated int…

Free Will

(7,479 words)

Author(s): Markschies, Christoph | Loos, Fritz | Herms, Eilert | Fraenkel, Carlos | Nagel, Tilman
[German Version] I. Terminology – II. Law – III. Church History – IV. Philosophy of Religion – V. Dogmatics – VI. Ethics – VII. Judaism – VIII. Islam I. Terminology Classical Antiquity lacked a term for free will, a concept first popularized by Christians in Late Antiquity. Aristotle discussed the problem in the context of asking in what sense actions lie “within us” (ἐϕ᾿ ἡμῖν/ ephʾ hēmín; Arist. Eth. Nic. III 1, 1110a, 1–3). The Stoics called the concept τὸ αὐτεξούσιον/ to autexoúsion (“self-control”; ¶ cf. Chrysippus [ SVF II, 975–990]), translated into Latin as liberum arbitriu…

Punishment

(4,817 words)

Author(s): Neu, Rainer | Otto, Eckart | Schuck, Martin | Loos, Fritz | Hermann, Dieter | Et al.
[German Version] I. Religious Studies All religions share the conviction that human actions hold a significance that reaches far beyond a person’s current life situation. On the precise manner in which an equitable balance between personal behavior and current or future life is achieved, however, there is considerable divergence of views – depending on the historical and social context of the respective religion. From the perspective of religious studies, it is advisable to differentiate between the…

Law and Jurisprudence

(7,535 words)

Author(s): Loos, Fritz | Antes, Peter | Otto, Eckart | Schiemann, Gottfried | Lindemann, Andreas | Et al.
[German Version] I. Concept and Legal Definition – II. History of Religion – III. Ancient Near East and Old Testament – IV. Greco-Roman Antiquity – V. New Testament – VI. Dogmatics – VII. Ethics of Law – VIII. Sociology of Law I. Concept and Legal Definition There is no generally accepted definition of law. At most, there is a consensus that law is basically to be understood as the politically institutionalized order of human relations. The observance of the (general) rules (i.e. compliance or sanctioning of transgressions) emanatin…