Beyond penal metaphysics: the weakening of the philosophical foundations of punishment

The present work seeks to prove the hypothesis that the history of German penal dogmatics draws a path of gradual weakening of the metaphysical foundations of punishment. Through a bibliography review, the path will begin with Kant, Hegel and the origin of retributive theories. Afterwards, the clash between the Classical School of German Criminal Law, headed by Karl Binding, and the Modern School, led by Franz von Lizst, will be discussed. Edmund Mezger's causalism and Hans Welzel's finalism will be observed, as well as the role of punishment for both authors. Claus Roxin's teleological functionalism, with his proposal to protect legal goods, and Günther Jakobs' systemic functionalism, with the idea of general positive prevention, will be analyzed below. From there we will move on to the critical theories of imputation of Winfried Hassemer and Klaus Günther and, finally, to the arrival of penal abolitionism in Germany, by the hands of Sebastian Scheerer. Finally, we will close by waving towards a weak criminal law, with a post-metaphysical character inspired in Gianni Vattimo’s Philosophy, which is capable of articulating in the half-light in favor of its own reduction, with a view to abolition.