• The role of legal feeling in the criminal legislation

Lambert Academic Publishing
Publication date:

(Anders Nørgaard Jensen is a Master of Law from Aarhus University. Anders is currently working at PUBLICURE Lawfirm, specializing in public procurement. In addition, Anders has extensive experience with legal aid, mediation and legal negotiation.)


This work is based on a change in the Danish criminal law whose legal doctrinal implications are quite banal: Prior to the change, only 15-year-olds, were punished - now is also on the 14th.It is a quite deliberate distillation; fiddling dogma away to ascertain the problems surrounding the weighting of the sense of justice in criminal law, without taking the traditional, legal basis - it is quite clear from the responses from the legal institutions that balk at a reduction the age of criminal responsibility. It proves very clearly that the sense of justice in a political context relates to the collective experience of violation: Condemnation of the crime and the offender, the interests of the victim, the victim's family and the aggrieved communities.Crime is of course one of the few phenomena in a pluralistic society that suffers universal antipathy. Flemming Balvig aptly defines the legal feeling as an insatiable "danaid sieve". It is therefore imperceptible when a politician or a mass media feeds off of people's emotions in an effort to secure as many votes or viewers.

MATERIAS: Criminal law, Legal feeling, Crime and Punishment