Zweckgedanke, Social Defence and Transnational Criminal Law: Franz von Liszt and the Network of Positivist Criminology (1871-1918)

Resumen

This chapter focuses on the international dimension of German positivist criminology, approaching it not as a national ‘Franz von Liszt-school of thought’ but rather as a nationally and internationally intertwined network that manifested in criminological discourses, conferences and associations as in particular the International Union of Penal Law. After reconstructing the network of positivist criminology that formed around von Liszt, the study examines his basic criminological concepts such as Zweckgedanke im Strafrecht (utilitarian purposes of criminal law), the typology of criminals, dangerousness, Zweckstrafe (utilitarian purpose-oriented punishment) and Gesellschaftsschutz/social defence. Their international dimension and significance for transnational criminal law are studied for the topic of international crime (anarchists and women trafficking), the concept of ‘dangerousness’ to the public and the dual-track system of judicial punishment and indefinite security measures that served as Zweckstrafen. Finally, the chapter examines penal transportation/deportation, expulsion and extradition as transnational security measures and Zweckstrafen. The conclusions discuss if the network of positivist criminology and the concepts elaborated on the international level influenced the reform of criminal law in Germany and resulted in the transnationalisation of social defence and the Zweckgedanke im Strafrecht.