Ceza Hukuku Teorisinde "Meta"morfoz: "Tehlike" Suçları

Abstract

The study deals with the theory of dangerous crimes and socio-economic transformation, arguing that the most comprehensive example of the transformation in criminal law is the widespread use of dangerous crimes. Danger crimes started to be widely used in the 1970s and the following historical interval compared to the previous period. This period coincides with the implementation of neoliberal economic policies that continue to have an impact today. The 1970s witnessed a structural transformation in which the mode of production was post-Fordism and economic policies were neoliberalism. This change is referred to as a metamorphosis as it radically altered both the economic and social structure. Neoliberal economic policies have been reinforced not only by economic but also techno-scientific advances. However, this radical change and progress has made the risk society, insecurity, uncertainty, danger and risks a part of daily life. With the change, the social security practices of the Keynesian welfare state have been replaced by the security discourse of neoliberalism by adhering to control and prevention practices. There has been a transition from a welfare state to a security state and a state of war that is constantly reproduced in daily life. The loss of trust in the public sphere and the state of dangerousness that develops in relation to it are also eliminated by the functions undertaken by the criminal law. The use of dangerous crimes compatible with the socio-economic structure in the operation of this function has emerged as a natural consequence. In this study, the widespread use of dangerous crimes is discussed together with socio-economic transformation. The theoretical discussions of dangerous crimes are evaluated in relation to the cause and effect of socio-economic change.