Franz von Liszt und seine Gegner

The so-called "school dispute" between the "modern" criminal law school around Franz v. Liszt and the "classic" criminal law school around Karl Binding and Karl v. Birkmeyer took place in the late 19th and early 20th century. Its main focus was on the purpose and function of penalties. But even beyond that question there were sometimes virtually polemic disputes between these three major criminal lawyers concerning important questions of sanctions and penal law such as the short-time imprisonment, the difference between penalties and care orders, suspended sentences, the treatment of so-called “incorrigible” criminals and diminished responsibility, juvenile criminal law and the imposition of indefinite sentences. In this dissertation the author examines these areas and their relevance for today’s criminal law and case law.