Hundred-year evolution and the philosophical methodology basis of the german criminal penalty system

Abstract

The German criminal penalty system has been though five phases, which are classical criminal theory, new classical criminal theory, new classical objective comprehensive criminal theory, die finale Handlungslehre criminal theory, purposive rational (fanctional) criminal theory. The philosophy current of thoughts are the positive philosophy, new philosophy of Kant, philosophy of existence, along with the new philosophy of Kant and the new philosophy of Hegel. Though the perspective of methodology, it is mainly the dispute between monism (ontology) and dualism (deontology). Dualism uphold the dichotomy between facts and values, real natural can not push to ought ,regulate exported only by the specification to derive the basic viewpoints of crime on the system; Monism considered exists included order, real and ought is seamless, the fact that the starting point can be exported to the interpretation of norms criminal system. It also confirms “the theory of the crime in the twentieth century, not a mere result of discussions within the Criminal Code, but has the development of philosophy and intellectual history background.”