History of criminal ideas in postwar Germany

Authors

  • Winfried Hassemer Universidade de Frankfurt, Alemanha

Keywords:

Penal sciences, Criminal dogmatics, Consequence-oriented criminal law, Functionalization, Guaranteeism

Abstract

The article traces the evolution of penal sciences in Germany after 1945, from the post-war crisis and the renaissance of Natural Law to confront the "legal wrongs" of the Nazi era, through abstract Dogmatics and the finalist theory of action, to the theory of criminal law oriented towards consequences, which expanded the focus to empirical reality, penal execution, Criminology and legal education. Finally, it analyzes the current functional criminal law, characterized by comprehensive criminalization, expansion of coercive measures and loss of guarantees, criticizing its tendency to abandon basic principles of the rule of law and to serve symbolic purposes rather than effective protection of legal interests.

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Author Biography

Winfried Hassemer, Universidade de Frankfurt, Alemanha

Catedrático em Ciências Criminais da Universidade de Frankfurt - Alemanha.

References

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Published

1994-04-01

How to Cite

HASSEMER, Winfried. History of criminal ideas in postwar Germany. Brazilian Journal of Criminal Science, São Paulo, v. 6, n. 6, p. 36–71, 1994. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3302. Acesso em: 20 oct. 2026.

Issue

Section

International Doctrine
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