Law
Martin Reulecke
Gleichheit und Strafrecht im deutschen Naturrecht des 18. und 19. Jahrhunderts
[Equality and Criminal Law in German 18th and 19th Century Natural Law.]
unrevised e-book edition 2020; Original edition 2007; 2007. XII, 391 pages.
Grundlagen der Rechtswissenschaft 9
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Published in German.
What does equality under criminal law mean? How is it possible to find the correct punishment for each crime? And why does the state inflict punishment? Using numerous modern writings on natural law and legal philosophy, Martin Reulecke studies the development of the relationship between the theory of the state, the concept of equality and criminal law. Based on the evaluation of a wide spectrum of small, relatively unknown sources and the contextualization of major authors such as Kant, Hegel and Feuerbach, the author is able to implement the methodical requirements of the »new history of ideas«. With regard to content, the author deals with the connection between the ideas in natural law and legal philosophy in relation to the basic principles of criminal law between approximately 1750 and 1850 and the model relationships which evolved during this time between the individual, society and the state, in particular with the history of the concept of equality.