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Nervenarzt. 2008 Mar;79(3):295-304. doi: 10.1007/s00115-008-2410-9.

["As we're not willing to hang and behead and not able to deport...". On Emil Kraepelin's influence on Franz von Liszt].

[Article in German]

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Lehrstuhl für Bürgerliches Recht, Rechtsgeschichte und Arztrecht, Universität Leipzig, Juristenfakultät, Burgstrasse 27, 04109 Leipzig.


Emil Kraepelin started his scientific career with a pamphlet demanding complete restructure of German penal law. It is well known that Kraepelin was a recipient of Cesare Lombroso's theses on degeneration and atavism. Therefore his demand for a correctional law completely replacing penal law is easily understood. Still undiscussed however is the question of whether Kraepelin's brochure had a decisive effect on German criminal law, especially on the so-called Marburg Program of Franz von Liszt, still viewed as the first emergence of modern criminal law and policies in Germany. Examination of this shows that despite major theoretical faults, Kraepelin came to conclusions that correspond remarkably with von Liszt's. Special focus should be directed on the psychologist Wilhelm Wundt, who criticised Kraepelin's juridical attempt in a very kind yet fundamental way, and on the relationship that existed between Kraepelin and von Liszt.

[Indexed for MEDLINE]

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