The paper explores the historical and philosophical evolution of criminal law and punishment, emphasising how storytelling has shaped our understanding of these concepts. It starts with contrasting two key philosophies: Kant’s view that punishment is inherently tied to justice and morality, and Bentham’s belief that the primary aim of criminal law is the greater happiness of society. The discussion then delves into the influence of scholars such as Voltaire and Franz von Liszt, who had a significant impact on criminal policy in Europe. It is argued that contemporary criminal law is influenced by worldviews that assume that human behaviour can be understood by means of science. Ultimately, the paper calls for increased transparency regarding the narratives that underpin criminal policy.
Vera Moser (Tue,) studied this question.