The Effect of Modern Penal Theories on Germany, Great-Britain and France

1. The Effect of Modern Penal Theorieson Germany, Great-Britain and France [19th and 20th Century] By Liu Zhe, Eveliina Kinnunen & Loïc Trottier

2. Germany Germany around 1800

3. First Three Quarters of 19th Century • Paul Johann Ludwig von Heyse (Bavaria) • Focus on the legal issues of penal reform • Not interested in criminological questions Lund University Comparative European Legal History

4. Why? • Liberal reformers • Idea of protecting individuals and restricting states • Fixed punishment • Assumption of autonomous and rational individual • Purpose of punishment: retribution, not deterrence Lund University Comparative European Legal History

5. Change • 1880s • Franz Von Liszt • A new generation of reformers • Internationale Kriminalistische Vereinigung (International Union of Penal Law) Lund University Comparative European Legal History

6. Arguments • Point to the rising proportion of recidivists (ineffective criminal justice system) • Purpose of punishment lies in protecting society against crime, not in retributive justice Lund University Comparative European Legal History

7. Differences

8. Modern School Of Criminal Law Crime = Characteristics of the offender at the time of the crime + External circumstance surrounding him at that time Lund University Comparative European Legal History

9. Three Forms of Punishments

10. Problems Paradox of the theory: • Call for criminological research to provide a scientific basis for penal policy • Advocate a set of penal policies before such research could be conducted Which is more important? Social policy or punishment? Lund University Comparative European Legal History

11. Great-Britain United Kingdom of Great Britain and Ireland around 1800 Lund University Comparative European Legal History

12. Evolution of Criminal Law • Development of humane punishments • Increased use of the courts vs. community based processes • Development of the modern police system John Howard 1726-1790 Lund University Comparative European Legal History

13. Particularities of Great Britain • Transportation • Common Law Lund University Comparative European Legal History

14. Reforms of Prison • Growing state control • Reformatory ideal • Strong influence of religion : Spiritual revival [1800-1850] Lund University Comparative European Legal History

15. Theories • Debate on the roots of criminality • Environment vs. Biological • Separation vs. Association • Separation reformists were the most influential Lund University Comparative European Legal History

16. Late 19th & 20th century • Growing criticism of the separation system • Reformatory ideal still very present • 1908 – prisons for young people [Borstal] • The Criminal Justice Act 1948 abolished penal servitude, hard labour and flogging Lund University Comparative European Legal History

17. France France around 1800 Lund University Comparative European Legal History

18. The Penal Codes • The penal code of 1795 vs 1810

19. The Criminal Law Evolution • Rise in interest towards criminology • Shift from labour/death to prisons • Debate of the roots of criminality • Biological vs. Environment Lund University Comparative European Legal History

20. Evolution of Prisons • Debate on the reforms of prisons • Rehabilitation vs. Punishment • The “Philantropes” Lund University Comparative European Legal History

21. Application to Prisons • Theories on the roots of criminality led to debate on : • Separation vs. Association of offenders • American influence • Tocqueville & Beaumont’s report Lund University Comparative European Legal History