Criminal Law beyond the State: The European Model. Issue 2 (24th February 2013)

• Record Type: Journal Article
• Authors: Fichera, Massimo
• Is Part Of: European law journal. Volume 19:Issue 2(2013:Mar.)
• Page Start: 174
• Page End: 200
• Publication Date: 2013-02-24
• Subjects: Law -- European Union countries -- Periodicals; European Union countries -- Social policy -- Periodicals; European Union countries -- Economic policy -- Periodicals; European Union countries -- Politics and government -- Periodicals; 344
• DOI: 10.1111/eulj.12020
• Languages: English
• ISSNs: 1351-5993

Abstract

<abstract abstract-type="main"> <title>Abstract</title> <p>This article will analyse two models of criminal law beyond the State, which are here termed 'eunomic' and 'dialogic'. It will then focus on one case study, European criminal law, which was inherently 'dialogic' until the last decade of the past century but has now quite unique features. In accordance with classic liberal views, criminal law has always been conceptualised as one of the most salient attributes of the sovereign State. The monopoly on the use of violence was to be legitimised by the State's concern for the sphere of autonomy of the individual. It is submitted in this article that it is precisely this condition that is lacking in the current European model, which promotes security‐oriented paradigms of self‐fulfilment and effectiveness. However, criminal law, if properly conceived, could in theory function as a powerful vehicle of integration.</p> </abstract>