Abstract
On the outside, looking in : Observations on the weird and wonderful world of criminal law scholarship
Highlights
Concepts and principles, that within the context of private law exude technical neutrality and systemic integrity, reveal themselves as pure ideology in the field of criminal law
The question is whether this transformation represents a necessary adaptation to a specific field of inquiry or provides irrefutable proof of a flawed method
In order to shed some light on this particular enigma, I will rely heavily on the single most important achievement of the Romantic era: The revaluation of the cognitive importance of perspectives
Summary
That within the context of private law exude technical neutrality and systemic integrity, reveal themselves as pure ideology in the field of criminal law. Private law scholars have often been considered paragons of academic virtue in the field of law, thereby driving other legal disciplines to the very fringes of legal scholarship. It would seem that the human mind is prepared to make great sacrifices in order to retain its belief in the perfect objectivity of knowledge Whether this belief is founded in logical axioms, according to the 18th century mos geometricus, or in the supposed empirical validity of natural sciences, is of no particular consequence. The concept of criminal law scholarship is, if I am right, something else and more than the sum of its parts
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