The Reform of Criminal Law in the Austrian Monarchy1852-1918

The research project examines Austrian criminal law reform plans and the related scientific and political discussions of the second half in the 19th century. The period of investigation begins with the enactment of the Criminal Code in 1852 and ends with the failure of the Habsburg monarchy`s reform plans in the First World War. The project focuses on four main areas: First, the administrative framework is outlined, with particular attention paid to the drafts for new penal codes prepared by individuals and commissions. Furthermore, the influence of foreign criminal law codifications on the Austrian legislative process is examined in a broader context. Since the draft laws have been discussed in various areas of the public, but especially in academia and politics, these will be examined as a third topic. Finally, the study focusses on the drafts of a new penal code, taking into account the "clash of schools" (Schulenstreit) between the positivist school and the classical school. An important part of the project is the research in the Austrian State Archives and the Parliamentary Archives in Vienna, where important archival and printed historical sources, such as contemporary journal articles, are located. This project will not only examine for the first time archival sources that have not been considered by research so far but will also fill a gap in the history of Austrian criminal law, especially regarding reform projects since the 1860s. Many discussions held at that time have not lost their relevance, regarding for example the fundamental question of the purposes of punishment, such as deterrence, retribution, and correction. Univ.-Prof. DDr. Martin P. Schennach, MAS will lead the research project at the Institute of Roman Law and Legal History, University of Innsbruck.