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

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

ISBN-10: 3642372724

ISBN-13: 9783642372728

Increasingly, foreign governmental networks and agencies make it essential to grasp the criminal rules of alternative jurisdictions. because the introduction of foreign legal tribunals this desire has totally reached legal legislations. a wide a part of their paintings is predicated on comparative learn. The felony platforms which give a contribution such a lot to this systemic dialogue are universal legislation and civil legislation, also known as continental legislations. to this point this discussion looks to were ruled by way of the previous. whereas there are various purposes for this, one sticks out very basically: Language. English has turn into the lingua franca of overseas felony learn. the current publication addresses this factor. Thomas Vormbaum is likely one of the superior German felony historians and the book's unique has turn into a cornerstone of study into the heritage of German legal legislations 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 really is of the maximum value to realise the law’s provenance, in different phrases its ancient DNA.

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The doctrine of current law tends to present its results as necessary and imperative, but doctrinal history is able to prove that legal problems have been solved in different ways (in terms of both law and doctrine), and that the solution favoured at present is not the only one possible. For example, if the current theory of attempts invokes14 the current legal framework (§ 22 (1) StGB)—though it is not imperative to do so—and sees the cause for punishing the attempt in an intent which is manifestly hostile to the law, not in creating an objectively dangerous situation or at least ex ante and evidently endangering a legally protected interest, it thus concludes that any mitigation for the attempted offence can only be optional in nature (see § 23 (2) StGB), for the offender’s criminal intent is (usually) just as great in an attempted as in a completed offence.

G. Herbert Rosendorfer, Don Ottavio erinnert sich. Unterhaltungen u¨ber die richtige Musik. Kassel 1989, p. ). 31 16 § 1 Delimiting the Time Period and Methodology in the sense initially referred to. 33 However, the objective factors that form the basis of this interpretation are, after all, of great import. The results of our considerations so far can be summarised as follows: 1) Contemporary legal history is the legal history of the contemporary epoch. 2) The current legal-historical period begins with the saddle period towards the end of the eighteenth century and thus (so far) includes the nineteenth and twentieth centuries.

44 ff. 9 On his theory of criminal law, cf. Eb. Schmidt, Montesqieus “Esprit des lois” und die Problematik der Gegenwart von Recht und Justiz, in: Festschrift Kiesselbach. Hamburg 1947, p. ; Mario A. Cattaneo, Montesquieus Strafrechtsliberalismus. Berlin 2002. 22 § 2 Criminal Law at the Beginning of the Legal-Historical Period Jacques Rousseau (1712–1778)10—and from Italy—Gaetano Filangieri11 (1753–1788), Mario Pagano (1748–1799)12 and Cesare Beccaria (1738–1794)13; Joseph von Sonnenfels (1732–1817)14 should also be mentioned as an Austrian exponent (Figs.

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