Julius Friedrich Heinrich Abegg
Encyclopedia
Julius Friedrich Heinrich Abegg (23 March 1796 – 29 May 1868) was a German
criminalist.
as the son of the preacher Dr. Johannes Wilhelm Abegg, who later moved to Königsberg
to become councillor of the consistory, superintendent and later chaplain of the Court. Julius Abegg was educated at the Ecole Française and the German-Polish College in Königsberg, later at the colleges of Erlangen
and Nuremberg
.
At the age of 17, he went to the University of Erlangen to study law. He continued his studies in Heidelberg and Landshut
, where he earned his doctorate.
Before lecturing, he went to practise his studies at the regional court of Erlangen under the guidance of judge Wolfgang Puchta and professor Eduard August Feuerbach. In 1819 he went to Berlin
, where he listened to Biener, Göschen, Hegel
and Savigny
. In 1821 he became extraordinary professor at the University of Königsberg
and in 1824 regular professor. In 1826 Abegg moved to the University of Breslau, in 1833 he was awarded a doctorate in philosophy from the University of Erlangen.
In the following, he was delegate of the Prussian Regional Synod
, head of the Presbyteries of the Court, curator of the Reformed College, member of the Society for the Betterment of Detainees and participated at the German Juristical Congress. He was awarded the title of Privy Judiciary Council. Abegg died in Breslau.
While the act of the crime and the punishment are as such not comparable, cultural and temporal customs can provide values for their comparison. If the punishment is determined according to these ideas, it would provide retribution of the deed, the criminal's right of a just penalty, deterrence of others and protection of society.
The aspect of retribution for the deed may be the reason that Abegg was also an advocate for death penalty. In a review he states that for him death penalty is not a revenge, not violence against a crime - no, it shall be the revocation of the wrong, highly personified, so that it can not persist anymore without objection. He attributes a life an unlimited value, so that a death becomes the unlimited evil.
, only sometimes in civil law
or natural science
:
Abegg was editor of the Archiv des Criminalrechts, Neue Ausgabe (1834 and following) and wrote articles and essays in several publications of the time.
Furthermore he is known for his written critiques of legislative systems, which were always accompanied by a public discussion. Thereby he gained a fame as expert in legislative matters. These critiques are:
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
criminalist.
Life
Abegg was born in ErlangenErlangen
Erlangen is a Middle Franconian city in Bavaria, Germany. It is located at the confluence of the river Regnitz and its large tributary, the Untere Schwabach.Erlangen has more than 100,000 inhabitants....
as the son of the preacher Dr. Johannes Wilhelm Abegg, who later moved to Königsberg
Königsberg
Königsberg was the capital of East Prussia from the Late Middle Ages until 1945 as well as the northernmost and easternmost German city with 286,666 inhabitants . Due to the multicultural society in and around the city, there are several local names for it...
to become councillor of the consistory, superintendent and later chaplain of the Court. Julius Abegg was educated at the Ecole Française and the German-Polish College in Königsberg, later at the colleges of Erlangen
Erlangen
Erlangen is a Middle Franconian city in Bavaria, Germany. It is located at the confluence of the river Regnitz and its large tributary, the Untere Schwabach.Erlangen has more than 100,000 inhabitants....
and Nuremberg
Nuremberg
Nuremberg[p] is a city in the German state of Bavaria, in the administrative region of Middle Franconia. Situated on the Pegnitz river and the Rhine–Main–Danube Canal, it is located about north of Munich and is Franconia's largest city. The population is 505,664...
.
At the age of 17, he went to the University of Erlangen to study law. He continued his studies in Heidelberg and Landshut
University of Ingolstadt
The University of Ingolstadt was founded in 1472 by Louis the Rich, the Duke of Bavaria at the time, and its first Chancellor was the Bishop of Eichstätt. It consisted of five faculties: humanities, sciences, theology, law and medicine, all of which were contained in the Hoheschule...
, where he earned his doctorate.
Before lecturing, he went to practise his studies at the regional court of Erlangen under the guidance of judge Wolfgang Puchta and professor Eduard August Feuerbach. In 1819 he went to Berlin
Humboldt University of Berlin
The Humboldt University of Berlin is Berlin's oldest university, founded in 1810 as the University of Berlin by the liberal Prussian educational reformer and linguist Wilhelm von Humboldt, whose university model has strongly influenced other European and Western universities...
, where he listened to Biener, Göschen, Hegel
Georg Wilhelm Friedrich Hegel
Georg Wilhelm Friedrich Hegel was a German philosopher, one of the creators of German Idealism. His historicist and idealist account of reality as a whole revolutionized European philosophy and was an important precursor to Continental philosophy and Marxism.Hegel developed a comprehensive...
and Savigny
Friedrich Carl von Savigny
Friedrich Carl von Savigny was one of the most respected and influential 19th-century jurists and historians.-Early life and education:...
. In 1821 he became extraordinary professor at the University of Königsberg
University of Königsberg
The University of Königsberg was the university of Königsberg in East Prussia. It was founded in 1544 as second Protestant academy by Duke Albert of Prussia, and was commonly known as the Albertina....
and in 1824 regular professor. In 1826 Abegg moved to the University of Breslau, in 1833 he was awarded a doctorate in philosophy from the University of Erlangen.
In the following, he was delegate of the Prussian Regional Synod
Synod
A synod historically is a council of a church, usually convened to decide an issue of doctrine, administration or application. In modern usage, the word often refers to the governing body of a particular church, whether its members are meeting or not...
, head of the Presbyteries of the Court, curator of the Reformed College, member of the Society for the Betterment of Detainees and participated at the German Juristical Congress. He was awarded the title of Privy Judiciary Council. Abegg died in Breslau.
Theories
Julius Abegg was advocate for and founder of the Theory of Equitableness. In this theory the punishment is to be based on equitableness and should cancel with the breach of the law. Equitableness alone decides on the precondition, the degree and the manner of a punishment, yet taking into account the motives of the accused.While the act of the crime and the punishment are as such not comparable, cultural and temporal customs can provide values for their comparison. If the punishment is determined according to these ideas, it would provide retribution of the deed, the criminal's right of a just penalty, deterrence of others and protection of society.
The aspect of retribution for the deed may be the reason that Abegg was also an advocate for death penalty. In a review he states that for him death penalty is not a revenge, not violence against a crime - no, it shall be the revocation of the wrong, highly personified, so that it can not persist anymore without objection. He attributes a life an unlimited value, so that a death becomes the unlimited evil.
Publications
His works lie mostly in the area of criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, only sometimes in civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
or natural science
Natural science
The natural sciences are branches of science that seek to elucidate the rules that govern the natural world by using empirical and scientific methods...
:
- Über die Bestrafung der im Auslande begangenen Verbrechen (1819)
- System der Criminalrechtswissenschaft nebst einer Chrestomathie von Beweisstellen (1826)
- Untersuchungen aus dem Gebiete der Strafrechtswissenschaft (1830)
- Lehrbuch des gemeinen Criminalprocesses mit besonderer Berücksichtigung des preußischen Rechts (1833)
- Versuch einer Geschichte der Strafgesetzgebung und des Strafrechts der brandenburgisch-preußischen Lande (1835)
- Die verschiedenen Strafrechtstheorien in ihrem Verhältnisse zu einander und zu dem positiven Rechte und dessen Geschichte (1835)
- Lehrbuch der Strafrechtswissenschaft (1836)
- Beiträge zur Strafproceßgesetzgebung (1841)
- Versuch einer Geschichte der preußischen Civilgesetzgebung (1848)
- Betrachtungen über die Verordnung betreffend die Einführung des mündlichen und öffentlichen Verfahrens mit Geschworenen in Untersuchungssachen im Königreich Preußen (1849)
- Über das religiöse Element in der peinlichen Gerichtsordnung (1852)
- Die preußische Strafgesetzgebung und die Rechtsliteratur in ihrer gegenseitigen Beziehung (1854)
- Die Berechtigung der deutschen Strafrechtswissenschaft der Gegenwart (1859)
- Über die Verjährung rechtsmäßig anerkannter Strafen (1862)
- Über den organischen Zusammenhang einer auf den neueren Grundsätzen beruhenden Einrichtung des Strafverfahrens und der Gerichtsverfassung mit dem Strafrechte oder der Strafgesetzgebung (1863)
- Die Frage über den Zeitpunkt der Vereidigung der Zeugen im strafrechtlichen Verfahren (1864)
- Über die Bedeutung der sogennanten Criminalstatistik (1865)
Abegg was editor of the Archiv des Criminalrechts, Neue Ausgabe (1834 and following) and wrote articles and essays in several publications of the time.
Furthermore he is known for his written critiques of legislative systems, which were always accompanied by a public discussion. Thereby he gained a fame as expert in legislative matters. These critiques are:
- Kritische Bemerkungen über Straf-Gesetz-Entww. von Württemberg (1836)
- Kritische Bemerkungen über Straf-Gesetz-Entww. von Baden (1839)
- Kritische Bemerkungen über Straf-Gesetz-Entww. von Preußen (1844, 1848, 1851)
- Kritische Bemerkungen über Straf-Gesetz-Entww. von Baiern (1854)
- Kritische Bemerkungen über Straf-Gesetz-Entww. von Sachsen (1837, 1853)
- Kritische Bemerkungen über Straf-Gesetz-Entww. von Norwegen (1835)
- Kritische Bemerkungen über Straf-Proceß-Entww. von Württemberg (1839)
- Kritische Bemerkungen über Straf-Proceß-Entww. für die preußischen Staaten (1852)
- Kritische Bemerkungen über Straf-Proceß-Entww. für den preußischen Staat (1865)
Sources
- Allgemeine Deutsche Biographie - online version