Das Polizeistrafrecht des 19. Jahrhunderts – Bemerkungen zu einem vergessenen „Trabanten des Strafrechts“
The Law of Police Contraventions in the 19th Century – Remarks on a Forgotten „Satellite of Criminal Law“

Summary/Abstract: The law of police contraventions (Polizeistrafrecht) in the 19th century is “terra incognita” of legal history. Using Germany as an example, this article is intended to demonstrate that statements on the scope of punishment remain imperfect without consideration of the law of police contraventions. The article addresses the astonishing extent of penal power by the police in the first half of the 19th century as well as fundamental criticism by liberal scholars of criminal law. Most notably, in view of Paul Johann Anselm Feuerbach, the article reveals that a theoretical distinction of “police wrong” and “criminal wrong” failed. The article presents a first overview of an undeveloped field of study and is intended to stimulate more detailed research.

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