FEUERBACH, PAUL JOHANN ANSELM, the most celebrated German writer on criminal law, was born at Frankfurt-on-the-Mayn, May 14th, 1775. After having studied at Jena, ha gave lectures there on law in 1708, and became successively professor at the uni versities of Gicsen, Jena, Kid, and Landshuth. While he was a lecturer at Jena ho published his Anti-Hobbes, or, on the Limits of Civil Power, and on the compulsory Right of Subjects against their Sovereigns' (' Anti-Hobbes oder Uber die grenzeu der burgerlichen gewalt and daa zwangrecht der unterthanen gegen ihren oberherren '); and a number of essays inserted in the 'Magazine of Criminal Juris prudence.' But the work which established his fame was his Review of the fundamental Principles and Ideas of Penal Law,' which appeared shortly afterwards. His Critique of the project of a Penal Law for Bavaria,' published in 1804, is another remarkable work. These purely theoretical essays exercised a very considerable influence on the criminal legislation of Germany, and were soon followed by practical effects. Almost immediately on the publication of the last mentioned work, and while he was professor at Landahuth, the Bavarian government entrusted him with drawing up a project of a criminal code for the kingdom, which, after baying been submitted to a commission, was adopted, with very few modifications. The prin ciples previously promulgated by Feuerbach Were all incorporated in this project, which is characterised by logical connection, strict defini tions, complete development of the principle of penal law, correct generalisation and specification of crimes and• misdemeanours, and precise determination of penalties. Its consequences were immense, for previously to its publication criminal jurisprudence in Germany was in a deplorable state. Its excellence both in substance and form was such, that it was adopted as the basis of similar attempts at a reform of criminal law by other portions of Germany and Switzerland. Saxony, 1Viirtemberg, Hanover, Oldenburg, and' Weimar, and the cantons Zurich, St. Gall, Basel and the Grisons, modified their codes in accordance with it. In 1808 Feuerbach was created privy coun cillor, and received a commission to adapt the Code Napoleon to the wants of Bavaria; • the result of his labour however was not adopted.
That criminal law has become a science, and that this science has had a great influence on legislation all over the continent, is to he mainly attributed to this gifted man. Criminal law which had been harsh and bloody became humaue : liberty of action was aubatituted for previous restraint, and the conditions were pointed out under which tho state ought to interfere by penalties with the rights of the citizens. The former arbitrary power of the judges was circum
scribed; deep-rooted and vague notions gave way to the inflexible but necessary bounds of law. If, ou the one hand, it must be admitted that Feuerbach, by his philosophical inquiries and liberal conceptions, powerfully influenced the elements and principles of modern criminal law, it is to be regretted, on the other hand, that by his subsequent publication, Considerations on the Jury,' he has pro mulgated singular opinions on the spirit and efficacy of that institu tion. The leading idea of this work consists in the proposition that the verdict of the jury is insufficient to establish the legal evidence of crime. After having been assailed by a number of eminent writers, and in particular by Grolman, Feuerbach modified his opinions on the jury in 1821, during a visit to France, Belgium, and the Rhenish provinces, on a mission from the Bavarian government to investigate the legal institutions of those countries. On his return he published the result of hia inquiries in his 'Reflections on the judicial Organisa tion and Proceedings in France,' a work remarkable for the sagacity with which he lays open the deficiencies and inconveniences of all the French civil and penal legislation. A very able part of that work is the com parison of tho French and English juries, which is entirely in favour of the latter, as, according to Feuerbach's opinion, the principles of that institution aro completely perverted in France by the rules lald down during the empire for the composition of the jury. Like Berenger, Dupin, and other French writers who have exposed the faults of the existing mode of criminal proceedings in France, Feuer bach has stigmatised the French jurymen by calling them the twelve commissioners of 'government. Notwithatauding he had altered his opinion on the jury generally, and although by his remarks on the English jury in particular, be seems to have made amends for his former animosity against it, be atilt retained some prejudices against that institution, on account of its being fraught with too many demo cratic principles. This tendency of Feuerbach's opinion had a very unfavourable influence on the Bavarian government when the intro duction of that institution came under consideration, and ultimately it was the cause of the jury not being granted to the country.