Begreppet brottslig culpa - En jämförelse mellan svensk och tysk doktrin ca.1900-1933

Sammanfattning: Criminal negligence and the concept of negligence have been a topic for intense discussion and shifting treatment. During the early twentieth century, criminal law underwent major changes, and different thoughts and ideas were presented regarding punishment and its function in society, and within these theories a great work of legal science was conducted. Within this framework, it is interesting to see how the concept of negligence was dealt with in German and Swedish doctrine and to see how the different penal theories influenced the view of the punishment of crime via negligence, and how the Swedish doctrine was influenced by the German. This is especially interesting since the concept and its punishment is handled by Binding and von Liszt, and Hagströmer and Thyrén. A comparison between the two countries' doctrine shows similarities between how the concept has been defined and how a person should have acted in order not to be guilty of a crime through negligence. In the same fashion, there are similarities between the two countries' legal systems views on the criminality of negligence. It can be concluded that similarities exist between the conceptual definition in the two countries doctrine and in the motive for the punishment of negligence. However, it is difficult for this investigation to prove a general or direct line of influence, but in many ways regarding the subject of negligence's punishment, it seems instead that it has been based on which penal theoretical school the originator of the concept belonged to. For the Swedish doctrine, therefore, the sociological school and Franz von Liszt seem to have been of great significance in the early twentieth century for the punishment of negligence.