Der zweifache Stellenwert des Rechtssubjekts in der Straftheorie P.J.A. Feuerbachs

Abstract

Among legal scholars, P. J. A. Feuerbach is considered one of the most important German jurists of the 19th century: not only has he established Germany’s modern doctrine of penal law and the Bavarian penal code of 1813, but he is also the founder of the theory of psychological force, i.e. the idea of the threat of punishment (not punishment itself!) as deterrence. Whereas one cannot comprehend Feuerbach’s legal doctrines without their original philosophical justification, namely his concept of the legal subject as a citizen of two worlds, most contemporary interpreters ignore this aspect of Feuerbach’s theory of punishment. Against this reductionist interpretation of Feuerbach, by reconstructing his philosophy of punishment, this article exposes both the theoretical potential and shortcomings of Feuerbach’s main philosophical concepts.