Description
Book SynopsisThe book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
Table of ContentsPreface-PART I: LEGITIMACY OF PUNISHMENT IN THE DEMOCRATIC CONSTITUTIONAL STATE
(01) Is it possible to limit the penal intervention in the 21st century? Mirentxu Corcoy Bidasolo
02) Review on Retribution as Punishment Purpose Eduardo Demetrio Crespo
(03) Crises of the ultima ratio Principle shall we resume the Constitutional Criminal Law Guidance? Faustino García de la Torre García
(04) Enforced Disappearance: A precedent of the Enemy Criminal Law Fernando Rovetta Klyver
PARTII; CRISIS OF WARRANTY THINKING IN THE DEMOCRATIC CONSTITUTIONAL STATE AND CRIMINAL LAW
(05) Criminal Law and Legal Theory: not just legal Dogmatics, but never without it Miguel Díaz y García Conlledo
(06) The populist traces of punitive feminism Alfonso García Figueroa
(07) Harm, offense, and the Hate Speech Victor Gomez Martin
(08) For a feminist and guarantism-based methodology in the criminal protection of sexual freedom Gema Marcilla Córdoba
(09) Legal defeasibility the Limits between ductile Law and arbitrary Law
Ángeles Ródenas
(10) Punishment and Communication in the post truth Society
Fernando Guanarteme Sánchez Lázaro
(11) Presumption of innocence and pre-trial detention in the light of Directive (EU) 2016/343
Mª Ágata Sanz Hermida
PART III: EXPANSION AND TRIVIALIZACION OF CRIMINAL LAW IN THE DEMOCRATIC CONSTITUTIONAL STATE
(12) Criminal Law Protection of Competition: An Instance of Punitive Excess?
Demelsa Benito Sánchez
(13) The Impact of Soft law on the Expansion of Criminal Law
Mónica de la Cuerda Martín
(14) Ceilings for the criminal liability of internet service providers
Jesús Iván Mora González
(15) Contentious Politics and Penal Expansion in Spain: A Decade of Criminalization of Protest
Manuel Maroto Calatayud
PART IV: PARADIGM OF DANGER AND SECURITY IN THE CRIMINAL LAW IN THE DEMOCRATIC CONSTITUTIONAL STATE
(16) Why do they call it ´dangerousness´ when they mean ´risk assessment? Using risk assessment in the Spanish Criminal Justice System
María Pilar Marco Francia
(17) Criminal law of security: serious crime and visibility
Laura Zúñiga Rodríguez
