By Thomas Vormbaum (auth.), Michael Bohlander (eds.)
Increasingly, overseas governmental networks and enterprises make it essential to grasp the felony rules of different jurisdictions. because the creation of foreign legal tribunals this desire has totally reached legal legislation. a wide a part of their paintings relies on comparative examine. The felony platforms which give a contribution such a lot to this systemic dialogue are universal legislations and civil legislations, also known as continental legislations. to date this discussion appears to be like to were ruled by means of the previous. whereas there are numerous purposes for this, one stands proud very truly: Language. English has turn into the lingua franca of overseas felony study. the current ebook addresses this factor. Thomas Vormbaum is without doubt one of the most well known German criminal historians and the book's unique has develop into a cornerstone of analysis into the historical past of German legal 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 ancient DNA.
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Additional info for A Modern History of German Criminal Law
26 § 2 Criminal Law at the Beginning of the Legal-Historical Period In demanding the abolition of torture in criminal proceedings, an enlightened theory of criminal law challenged a central aspect of inquisitorial trials under the ius commune, whose procedural model assigned the power both to prosecute and make decisions to the court. A formal defence only took place at a very late stage in the proceedings. In order to compensate for this strong position of the court, its decisions were tied to rules of evidence.
I. Criminal Law of the Enlightenment 21 out. They made use of both general and specific grounds of deterrence, primarily referring to the former in its guise as deterrence by punishment. For example, Cesare Beccaria writes: the purpose of punishment is not that of tormenting or afflicting any sentient being, nor of undoing a crime already committed. [. ] The purpose [. ] is nothing other than to prevent the offender from doing fresh harm to his fellows and to deter others from doing likewise. 5 Towards the end of the eighteenth century, German enlightened absolutism in particular produced theorists of criminal law whose main focus lay on individual/ special prevention.
G. Beccaria, if with exceptions) the abolition of capital punishment. Thomasius voiced doubts in relation to the justification of threats of punishment for bigamy (De crimine bigamiae, 1685) and heresy (An haeresis sit crimen, 1697). Doubts were also cast upon the justification of punishment for (attempted) suicide. 10 Excerpts of all these in Vormbaum, StrD, p. 90, 136, 114 (references in appendix). 179 ff. (references in appendix); for more general information cf. Paolo Becchi/Kurt Seelmann, G.
A Modern History of German Criminal Law by Thomas Vormbaum (auth.), Michael Bohlander (eds.)