A Modern History of German Criminal Law by Thomas Vormbaum (auth.), Michael Bohlander (eds.)

By Thomas Vormbaum (auth.), Michael Bohlander (eds.)

Increasingly, overseas governmental networks and agencies make it essential to grasp the felony rules of different jurisdictions. because the creation of overseas felony tribunals this want has absolutely reached legal legislations. a wide a part of their paintings relies on comparative learn. The criminal structures which give a contribution so much to this systemic dialogue are universal legislations and civil legislation, often referred to as continental legislations. up to now this discussion looks to were ruled by means of the previous. whereas there are lots of purposes for this, one stands proud very essentially: Language. English has turn into the lingua franca of overseas criminal learn. the current publication addresses this factor. Thomas Vormbaum is among the most suitable German criminal historians and the book's unique has develop into a cornerstone of study into the background of German felony legislation past doctrinal expositions; it permits a glance on the system’s genesis, its ideological, political and cultural roots. within the box of comparative examine, it truly is of the maximum value to comprehend the law’s provenance, in different phrases its historic DNA.

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Even in the case of a harsh criminal law, the latter at least guaranteed equal treatment—and in this regard, the call for judges to be bound more strictly to the law also expresses the aspiring bourgeoisie’s desire for legal certainty. 18 On the following, see Ku¨per, Richteridee, p. ; Ogorek, Richterko¨nig, p. ; Massimo ¨ berzeugungsbildung. Baden-Baden 2001; Ettore Dezza, Nobili, Die freie richterliche U Strafprozeß. 19 For detailed information on this subject, see Schreiber, Gesetz und Richter, p.

Folter und Schandsa¨ule (as in footnote 11). p. ; Beccaria, Crimes op. cit. (footnote 4), p. 33; cf. also the reference in Mumme, Klein, p. 29. , Modernisierung op. ; Vormbaum, Judeneid, p. 266 ff. I. Criminal Law of the Enlightenment 27 Voltaire condemns the death penalty as “anti-economic”, as it prevents the state from exploiting the labour of the offender (un homme pendu n’est bon a` rien). In their award-winning Abhandlung von der Criminalgesetzgebung (1783), v. Globig and Huster object to mutilation as corporal punishment on the grounds that “the state will be forced to maintain the infirm and mutilated culprit”,24 and Pietro Verri introduces his discussion of the question whether torture is a means of ascertaining the truth (the answer he arrives at is no) with the words25: If the search for the truth using torture is in itself an atrocity [.

The second contractarian argument is as follows: as man is not in command of his own life, he cannot have had it at his disposal in the social contract either (p. ). This argument is only intrinsically logical, for Beccaria himself elsewhere declares himself to be against sanctioning suicide. Beccaria’s transition from these two contractarian arguments to the following ones (again, there are two) is as follows: Thus, the death penalty is not a matter of right, as I have just shown, but is an act of war on the part of society against the citizen that comes about when it is deemed necessary or useful to destroy his existence.

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