The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.

The German Criminal Code (Reichsstrafgesetzbuch) was ratified by the newly-formed German Empire on 16 April 1871. It is a remarkable work of synthesis drawn mostly from the Constitutio Criminalis Carolina (1532), the Code Napoleon (1804), Feuerbach's Bavarian Criminal Code (1813) and the Prussian Penal Code (1851), which was influenced by the Code Napoleon. Its value lay not just in its establishment of uniform federal law but, as Drage notes in his excellent commentary, in its catholicity of historical and contemporary sources. Drawing on the idea of German unity, underscored in this case by the consensus-forming might of Prussian arms, the criminal code remained in force, despite various efforts at reform, until the triumph of National Socialism.

With the growth of printing in early modern Germany, crime quickly became a subject of wide public discourse. Sensational crime reports, often featuring multiple murders within families, proliferated as authors probed horrific events for religious meaning. Coinciding with heightened witch panics and economic crisis, the spike in crime fears revealed a continuum between fears of the occult and more mundane dangers. In Crime and Culture in Early Modern Germany, Joy Wiltenburg explores the beginnings of crime sensationalism from the early sixteenth century into the seventeenth century and beyond. Comparing the depictions of crime in popular publications with those in archival records, legal discourse, and imaginative literature, Wiltenburg highlights key social anxieties and analyzes how crime texts worked to shape public perceptions and mentalities. Reports regularly featured familial destruction, flawed economic relations, and the apocalyptic thinking of Protestant clergy. Wiltenburg examines how such literature expressed and shaped cultural attitudes while at the same time reinforcing governmental authority. She also shows how the emotional inflections of crime stories influenced the growth of early modern public discourse, so often conceived in terms of rational exchange of ideas.

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual uncovers the workings of a powerful state that was built in an improvised fashion by low-level state representatives. Marie A. Muschalek's fascinating portrayal of the daily deeds of African and German men enrolled in the colonial police force called the Landespolizei is a historical anthropology of police practice and the normalization of imperial power. Replete with anecdotes of everyday experiences both of the policemen and of colonized people and settlers, Violence as Usual re-examines fundamental questions about the relationship between power and violence. Muschalek gives us a new perspective on violence beyond the solely destructive and the instrumental. She overcomes, too, the notion that modern states operate exclusively according to modes of rationalized functionality. Violence as Usual offers an unusual assessment of the history of rule in settler colonialism and an alternative to dominant narratives of an ostensibly weak colonial state.

Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

From Alexanderplatz, the bustling Berlin square ringed by bleak slums, to Moabit, site of the city's most feared prison, Death in the Tiergarten illuminates the culture of criminal justice in late imperial Germany. In vivid prose, Benjamin Hett examines daily movement through the Berlin criminal courts and the lawyers, judges, jurors, thieves, pimps, and murderers who inhabited this world. Drawing on previously untapped sources, including court records, pamphlet literature, and pulp novels, Hett examines how the law reflected the broader urban culture and politics of a rapidly changing city. In this book, German criminal law looks very different from conventional narratives of a rigid, static system with authoritarian continuities traceable from Bismarck to Hitler. From the murder trial of Anna and Hermann Heinze in 1891 to the surprising treatment of the notorious Captain of Koepenick in 1906, Hett illuminates a transformation in the criminal justice system that unleashed a culture war fought over issues of permissiveness versus discipline, the boundaries of public discussion of crime and sexuality, and the role of gender in the courts. Trained in both the law and history, Hett offers a uniquely valuable perspective on the dynamic intersections of law and society, and presents an impressive new view of early twentieth-century German history.

The German Empire, its structure, its dynamic development between 1871 and 1918, and its legacy, have been the focus of lively international debate that is showing signs of further intensification as we approach the centenary of the outbreak of World War I. Based on recent work and scholarly arguments about continuities and discontinuities in modern German history from Bismarck to Hitler, well-known experts broadly explore four themes: the positioning of the Bismarckian Empire in the course of German history; the relationships between society, politics and culture in a period of momentous transformations; the escalation of military violence in Germany's colonies before 1914 and later in two world wars; and finally the situation of Germany within the international system as a major political and economic player. The perspectives presented in this volume have already stimulated further argument and will be of interest to anyone looking for orientation in this field of research.

For decades, history ignored the Nazi persecution of gay people. Only with the rise of the gay movement in the 1970s did historians finally recognize that gay people, like Jews and others deemed “undesirable,” suffered enormously at the hands of the Nazi regime. Of the few who survived the concentration camps, even fewer ever came forward to tell their stories. This heart wrenchingly vivid account of one man's arrest and imprisonment by the Nazis for the crime of homosexuality, now with a new preface by Sarah Schulman, remains an essential contribution to gay history and our understanding of historical fascism, as well as a remarkable and complex story of survival and identity.