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Feuerbachs Principle of Legally Prescribed Punishment for a Specified Crime

Author: ZhangDan
Tutor: QiuXingLong
School: Xiangtan University
Course: Criminal Law
Keywords: civil penalty law absolutism contractory theory natural law criminal law modernization
CLC: D914
Type: Master's thesis
Year: 2006
Downloads: 291
Quote: 0
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Abstract


This dissertation takes Feuerbachs meticulous logical structure as masterstroke, explains his whole deduction process, which from the conception of civil penalty to the theory of psychological coercion, again from law deterrence to the principle of legally prescribed punishment for a specified crime. and it also states that, Feuerbach takes the external behavior for condemnatory object, obviates the intervention of sentiment, abandons moral punishment or moral principles, moreover, excludes judiciary arbitrariness by means of law restriction, besides, emphasizes law deterrence and creates the theory of psychological coercion, and as a result establishes the principle of legally prescribed punishment for a specified crime. Also this dissertation expounds ideological foundation of Feuerbachs principle of legally prescribed punishment for a specified crime from two aspects, namely contract theory and natural law. Particularly speaking, it proves that, on one side Feuerbach does his best to testify the existence of rational law according to critical philosophy, stresses rationalism and liberty; on the other side he constructs a three-part contractory mode(civil contract-obedient contract-constitution) on the basis of Rousseaus contractory theory and the conception of civil society, criticizes absolutism and autocratic monarchy, that has laid the foundations of conceptions of civil punishment and certain penalty statute, also of refutation against despotism and arbitrariness, further of deduction of the principle of legally prescribed punishment for a specified crime.Moreover, this dissertation emphatically analyses the historical significance of Feuerbachs principle of legally prescribed punishment for a specified crime. It goes deep into the background of criminal law modernization, expatiates meanings of criminal law modernization, thus concludes that, criminal law modernization is a kind of criminal law in the legal state, which is an real thorough subvert against the criminal law of police state. Besides, it has summarized characters of criminal law modernization as follows: strict differentiation between law and moral, settlement of the collision between crime and evil, between punishment and virtue; guarantee for the human rights; formal rationality. Then it analyses the origin and development of the principle of legally prescribed punishment for a specified crime, also the correspondence between Feuerbachs principle of legally prescribed punishment for a specified crime and characters of criminal law modernization in order to prove the modern significance of Feuerbachs principle of legally prescribed punishment for a specified crime. In addition,

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