Javier Wilenmann
Freiheitsdistribution und Verantwortungsbegriff
Die Dogmatik des Defensivnotstands im Strafrecht
[The Distribution of Freedom and the Concept of Responsibility. The Theory of the Defensive Necessity in Criminal Law.]
2014. XIII, 487 pages. Published in German.
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Summary
In distinguishing among three forms of justification in situations of necessity (necessity strictosensu, defensive necessity and self-defense), criminal law in Germany aims at reaching a high level of precision in the theory of justification. However the concept of defensive necessity has been dealt with in a rather unsystematic and fragmented form. Javier Wilenmann establishes the philosophical foundations, systematic position and legal prerequisites of this central institution of criminal law in Germany.