Crime and Criminal Justice in Modern Germany
Author
: Richard F. Wetzell
Subject
: Criminal justice, Administration of—Germany—History
Publisher
: Berghahn Books
Summary :Historians of nineteenth- and twentieth-century Germany have been relative
latecomers to the history of crime and criminal justice. In both modern British
and French historiography, crime and criminal justice have been major topics of
research since the 1970s: in France, research in this area was pioneered by Michel
Foucault, in Britain, by E. P. Thompson and other social historians.1 In the field
of German history, the significance of this subject was first recognized by historians
of the early modern era, who developed a rich literature on this topic over the
last twenty-five years.2 Historical research on crime and criminal justice in nineteenth-
and twentieth-century Germany, by contrast, has only begun to flourish
in the last ten years. It is the aim of this volume to make some of the results of
this recent boom in research accessible to a general audience.
There is a notable asymmetry between the early modern and modern German
historiographies of crime and criminal justice. Whereas most early modern studies
have focused on the criminals themselves, their socioeconomic situations, and
the meanings of crime in a particular urban or rural milieu, late modern studies
have tended to focus on penal institutions and the discourses of prison reformers,
criminal law reformers, criminologists, and psychiatrists. Simplifying somewhat,
one might say that early modernists have studied crime and criminal justice primarily
with the tools of social history and historical anthropology, while late
modernists have most often used the tools of cultural history, intellectual history,
and discourse analysis.3 To some extent, this difference in approaches reflects the
effect that the “scientization of the social” began to have on criminal justice in the
last third of the nineteenth century.4 Compared with what we know about the early modern era, our knowledge of the history of crime and criminal justice in
the various German states in the first two-thirds of the nineteenth century is very
limited. Although we are beginning to learn more about the important transformations
of criminal justice that took place in this period,5 most late modern
research on crime and criminal justice picks up after the German unification of
1871, a fact that is reflected in this collection.
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