a modern history of german criminal law

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A Modern History Of German Criminal Law

Author : Thomas Vormbaum
ISBN : 9783642372735
Genre : Law
File Size : 70. 91 MB
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Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

Death In The Tiergarten

Author : Benjamin Carter Hett
ISBN : 9780674038615
Genre : History
File Size : 76. 75 MB
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From Alexanderplatz, the bustling Berlin square ringed by bleak slums, to Moabit, site of the city's most feared prison, Death in the Tiergarten illuminates the culture of criminal justice in late imperial Germany. In vivid prose, Benjamin Hett examines daily movement through the Berlin criminal courts and the lawyers, judges, jurors, thieves, pimps, and murderers who inhabited this world. Drawing on previously untapped sources, including court records, pamphlet literature, and pulp novels, Hett examines how the law reflected the broader urban culture and politics of a rapidly changing city. In this book, German criminal law looks very different from conventional narratives of a rigid, static system with authoritarian continuities traceable from Bismarck to Hitler. From the murder trial of Anna and Hermann Heinze in 1891 to the surprising treatment of the notorious Captain of Koepenick in 1906, Hett illuminates a transformation in the criminal justice system that unleashed a culture war fought over issues of permissiveness versus discipline, the boundaries of public discussion of crime and sexuality, and the role of gender in the courts. Trained in both the law and history, Hett offers a uniquely valuable perspective on the dynamic intersections of law and society, and presents an impressive new view of early twentieth-century German history. Table of Contents: Acknowledgments Introduction 1. In Moabit 2. The Berlin of Surrogates 3. Honorable Men 4. Justice Is Blind 5. "Were People More Pitiless Fifteen Years Ago?" Epilogue Appendix: Regimes and Rulers Abbreviations Notes Archival and Primary Sources Index Death in the Tiergarten is an impressive book. Written in a light and entertaining style, with elegance and wit, it is a rich source of thought-provoking insights. Hett offers his own distinct spin on some of the common themes of Berlin literature--crime, sex, sensation, mass media, and the dramatic character of life in the modern metropolis. This unusually successful and effective work of scholarship has the potential to reach a broad audience. --Jonathan Sperber, University of Missouri at Columbia An extremely rich and well-argued analysis of the culture of the criminal courtroom in Wilhelmine Germany. Using stories about love, lust, betrayal, and honor--crime stories and city stories--Benjamin Hett pries open Berlin's public life in brilliant, unexpected ways. --Peter Fritzsche, author of Reading Berlin 1900

Crime And Culture In Early Modern Germany

Author : Joy Wiltenburg
ISBN : 9780813933030
Genre : History
File Size : 37. 12 MB
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With the growth of printing in early modern Germany, crime quickly became a subject of wide public discourse. Sensational crime reports, often featuring multiple murders within families, proliferated as authors probed horrific events for religious meaning. Coinciding with heightened witch panics and economic crisis, the spike in crime fears revealed a continuum between fears of the occult and more mundane dangers. In Crime and Culture in Early Modern Germany, Joy Wiltenburg explores the beginnings of crime sensationalism from the early sixteenth century into the seventeenth century and beyond. Comparing the depictions of crime in popular publications with those in archival records, legal discourse, and imaginative literature, Wiltenburg highlights key social anxieties and analyzes how crime texts worked to shape public perceptions and mentalities. Reports regularly featured familial destruction, flawed economic relations, and the apocalyptic thinking of Protestant clergy. Wiltenburg examines how such literature expressed and shaped cultural attitudes while at the same time reinforcing governmental authority. She also shows how the emotional inflections of crime stories influenced the growth of early modern public discourse, so often conceived in terms of rational exchange of ideas.

Crime And Criminal Justice In Modern Germany

Author : Richard F. Wetzell
ISBN : 9781782382478
Genre : History
File Size : 32. 78 MB
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The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.

The German Criminal Code

Author :
ISBN : 9781847314383
Genre : Law
File Size : 41. 86 MB
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German substantive criminal law has been influential in many civil law countries, most notably in the Hispanic world. In the common law countries, not surprisingly because of the systemic differences in approach, its impact has been much less, if not negligible. This may be largely explained as a result of the language barrier. An up-to-date and reliable English translation of the German Criminal Code has been conspicuously missing for some time. This book presents a new English translation of the Strafgesetzbuch, (the Criminal Code), in its most recent amended form of August 2007. The Code is the centrepiece of German substantive criminal law and informs the interpretation and application of any other criminal provisions which can be found in specific legislation. The translation thus affords an opportunity to profit from a legal tradition that has had a major influence over history and has a rich experience of doctrinal analysis. The translation adheres as closely as possible to the textual structure of the original, but has been made palatable to an English ear. It is intended as a companion to the author's Principles of German Criminal Law which was published in December 2008. Please click on the link below for further details. www.hartpub.co.uk/books/details.asp?isbn=9781841136301.

Inventing The Criminal

Author : Richard F. Wetzell
ISBN : 9780807861042
Genre : History
File Size : 22. 35 MB
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Recent years have witnessed a resurgence of biological research into the causes of crime, but the origins of this kind of research date back to the late nineteenth century. Here, Richard Wetzell presents the first history of German criminology from Imperial Germany through the Weimar Republic to the end of the Third Reich, a period that provided a unique test case for the perils associated with biological explanations of crime. Drawing on a wealth of primary sources from criminological, legal, and psychiatric literature, Wetzell shows that German biomedical research on crime predominated over sociological research and thus contributed to the rise of the eugenics movement and the eventual targeting of criminals for eugenic measures by the Nazi regime. However, he also demonstrates that the development of German criminology was characterized by a constant tension between the criminologists' hereditarian biases and an increasing methodological sophistication that prevented many of them from endorsing the crude genetic determinism and racism that characterized so much of Hitler's regime. As a result, proposals for the sterilization of criminals remained highly controversial during the Nazi years, suggesting that Nazi biological politics left more room for contention than has often been assumed.

The African Criminal Court

Author : Gerhard Werle
ISBN : 9789462651500
Genre : Law
File Size : 84. 96 MB
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This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.

Principles Of German Criminal Procedure

Author : Michael Bohlander
ISBN : 9781847318985
Genre : Law
File Size : 73. 34 MB
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The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it is meant as a companion volume to the author's earlier publications, 'The German Criminal Code - A Modern English Translation', and 'Principles of German Criminal Law', also with Hart. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.

Principles Of International Criminal Law

Author : Gerhard Werle
ISBN : 9780198703594
Genre : Law
File Size : 34. 86 MB
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Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Principles Of German Criminal Law

Author : Michael Bohlander
ISBN : 9781847314796
Genre : Law
File Size : 62. 16 MB
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German criminal law doctrine, as one of the more influential ones over time and on a global scale, takes rather different approaches to many of the problems of substantive law from those of the common law family of countries like the UK, the US, Canada, New Zealand, Australia etc. It also differs markedly from the system which is most often used in Anglophone writing as a civil law comparison, the French law. German criminal law is a code-based model and has been for centuries. The influence of academic writing on its development has been far greater than in the judge-oriented common law models. The book will serve as a useful aid to debates about codification efforts in countries that are mostly based on a case law system, but who wish to re-structure their law in one or several criminal codes. The comparison will show that similar problems occur in all legal systems regardless of their provenance, and the attempts of individual systems at solving them, their successes and their failures, can provide a rich experience on which other countries can draw and on which they can build. The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' (eg actus reus, mens rea, defences, participation) and the core offence categories (homicide, offences against property, sexual offences). It sets out the principles, their development under the influence of academic writing and judicial decisions. The book is not meant as a textbook of German criminal law, but is a selection of interrelated in-depth essays on the central problems. Wherever it is apposite and feasible, comparison is offered to the approaches of English criminal law and the legal systems of other common and civil law countries in order to allow common lawyers to draw the pertinent parallels to their own jurisdictions.

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