DiKE Nötigung und Verantwortung. Normtheoretische Untersuchungen zum präskriptiven und askriptiven

The unfree victim of coercion simultaneously appears as a freely responsible criminal! This quote from Karl Binding introduces the fundamental problem that a comprehensive analysis of the category 'coercion' must address within substantive criminal law. The criteria that determine a person's lack of responsibility for behavior coerced by another's actions need not align with those by which coercion is assessed as an unlawful infringement of another's freedom of action. This is the central thesis of the book. Based on this differentiation approach, both the fundamental structure of the criminal law offense of coercion and the general rules of attribution, in which 'force' appears as a criterion of responsibility, are further specified, ultimately aiming to clarify the specific significance of external coercion in the context of consent and self-harm.