Homo Homini Lupus? A Man in Wolf's Clothing — Schiller's Variations on a Legal Theme

Author: Nilges, Yvonne

Source: Oxford German Studies, Volume 38, Number 1, 2009 , pp. 13-27(15)

Publisher: Maney Publishing

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Abstract:

The following article is devoted to Schiller and criminal law. What does Schiller's narrative 'Verbrecher aus Infamie' suggest about contemporary psychology and sociology, and what makes it, from a legal point of view, unique against the backdrop of his other works and German literature of the late eighteenth century in general? How far are Schiller's narrative and modern philosophy of law (the so-called 'labelling approach') connected? What does Schiller's notion of legitimate and, in fact, necessary 'legal proceedings' reveal about his readers and the 'dialectic of enlightenment'? The concept of 'Seelenlehre', which Schiller adopts from his professor Abel and explicitly transforms into an issue of criminological interest, is something that research has never dealt with from a legal perspective. This article explores Schiller's studies of jurisprudence at the Karlsschule, relevant codes of criminal procedure, and the case of the historical 'criminal through lost honour', Friedrich Schwan, in order to illustrate Schiller's reception of criminal law and justice.

Document Type: Research article

DOI: 10.1179/007871909x429879

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