Abstract

Preventive measures constitute a serious legitimatory challenge within the field of criminal law: They pose the question, whether it is possible to reconcile the protection of personal liberty with the protection of the safety of the general public, without the binding effect of personal responsibility, i.e. guilt. It is a concern, that the need for greater protection might lead us to accept a degree of objectification of a certain group of offenders, that we - as a legal community - would normally oppose. A liberal legal system is founded on the principle, that an individual is to be treated as a person, not as a mere cause of danger. It is debatable, if this principle holds true within the so called second lane of modern criminal law.

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