Normentheorie und Strafrecht

In German-speaking countries, norm theory is usually associated with Karl Binding’s works. Its main feature is the distinction between non-criminal („primary“) conduct-regulating norms and („secondary“) sanction norms. This distinction has far-reaching consequences for the understanding of criminal law. Taking into account that the fundament of norm theory is more than a hundred years old, it should be asked whether, and if so, with which modifications norm theory applies in the 21st century.
This volume analyses the historical roots and theoretical basis of norm theory. Moreover, it examines the consequences of a norm theory perspective on important problems of the general section of German Criminal Law (such as mistakes in fact and law, perpetratorship and aiding and abetting), the special section of German Criminal Law (such as fraud) and International and European Criminal Law.