Universität zu Köln

de Groot, Timon (2019). Political offenders or dishonorable criminals? The impact of the revolutions of 1848/9 on the rulings on infamy in Dutch and German penal law. Tijdschr. Geschied., 132 (1). S. 21 - 48. GRONINGEN: WOLTERS-NOORDHOFF B V. ISSN 0040-7518

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Abstract

This article tries to explain why the notion of infamy was removed from the Dutch penal code of 1886, whereas this notion was still prominently defended in the German Reich Penal Code of 1871. The explanation is sought in the circulation of books containing reports of participants in the 1848/9 revolutions in the German states and their subsequent incarceration. It is argued that accounts of the suffering of these political prisoners made such a lasting impression on German legislators that they decided not to remove the rulings on infamy from the Reich Penal Code. The absence of such accounts in the Dutch national context, however, enabled Dutch legislators to continue along a path taken earlier towards abolishment. In the end, the analysis provides an alternative perspective on the relationship between the experience and mediation of suffering and the historical development of penal reform in western Europe.

Item Type:	Journal Article
Creators:	Creators Email ORCID ORCID Put Code de Groot, Timon UNSPECIFIED UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-148785
DOI:	10.5117/TVGESCH2019.1.003.GROOT
Journal or Publication Title:	Tijdschr. Geschied.
Volume:	132
Number:	1
Page Range:	S. 21 - 48
Date:	2019
Publisher:	WOLTERS-NOORDHOFF B V
Place of Publication:	GRONINGEN
ISSN:	0040-7518
Language:	Dutch
Faculty:	Unspecified
Divisions:	Unspecified
Subjects:	no entry
Uncontrolled Keywords:	Keywords Language History Multiple languages
Refereed:	Yes
URI:	http://kups.ub.uni-koeln.de/id/eprint/14878