Abstract

Karl Friedrich Christian Krause’s concept of penal law, though little noticed in Germany, can be regarded as almost revolutionary for its time, as it assumes that public law is not only – negatively – intended to delimit and guarantee the citizens’ spheres of freedom. Rather, the law should also promote the welfare of the citizenry. As a result, Krause’s considerations of penal law do not focus on law enforcement alone, but just as much on the resocialization of both the offender and the victim. In contrast to utilitarian positions, the perpetrator must not be instrumentalized for the benefit of society, e. g. for preventative purposes; rather, the offender has a subjective right to be rehabilitated. Correspondingly, the victim has a right to compensation on the part of the state inasmuch as the offender’s means prove insufficient.