英文摘要 |
This article criticizes the empirical concept of legal good and returns to Feuerbach’s theory of subjective rights based on Kant’s concept of freedom in law. The author argues that only individual rights and institutions guaranteeing these rights, which are the foundational conditions of a liberal democratic society, can be qualified legal goods in the criminal law. Therefore, the modesty of criminal law means that legislators should only intervene with the criminal law, when these legal goods are attacked. |