Towards a Re-Principled Criminal Law (original) (raw)

The perceived tensions in current discussions of criminal law among efficiency, security and constitutional rights should be examined in order to develop a model of legal argumentation based on Principles of Criminal Law. I consider the following three principles in order to establish practical criteria for the legal argumentation: (1) the principle of security in social life; (2) the principle of legality; and (3) the principle of respect for human dignity. Furthermore, construction of this principled legal argumentation assists in the development of a systematic doctrine of criminal law.