Anselm von Feuerbach

“A runaway at sixteen?” Here lies Anselm von Feuerbach, a man whose life was anything but ordinary. Anselm von Feuerbach, a prominent German legal scholar, rests here in Frankfurt, the city where he spent his formative years before his youthful escapade. He was born in Hainichen, near Jena, in 1775, but his family relocated to Frankfurt soon after. Imagine young Anselm, at sixteen, fleeing the familiar streets of Frankfurt for the intellectual allure of Jena. There, despite poverty and fragile health, he pursued his passion for philosophy and history at the university. He excelled, publishing impressive literary essays. Marriage at the young age of 23, however, shifted his focus. Financial pressures led him to law, a field he initially disliked, but which promised a quicker path to stability. Anselm von Feuerbach’s legal career began with a sharp critique of Thomas Hobbes’ theory of civil power. His lectures on criminal jurisprudence introduced a groundbreaking theory: judges should be bound by the penal code, limiting their discretion. This concept spurred the “Rigorist” movement. He championed the maxim “nullum crimen, nulla poena sine praevia lege poenali”: no crime, no punishment without a pre-existing penal law. His career trajectory took him from an unpaid professorship in Jena to a chair in Kiel, then Landshut. In 1805, King Maximilian Joseph of Bavaria commissioned him to draft a new penal code. This brought Anselm von Feuerbach to Munich, a high appointment in the Ministry of Justice, and eventually, a knighthood. The abolition of torture in Bavaria in 1806 marked the beginning of his real-world impact on penal legislation. Anselm von Feuerbach’s enduring legacy is the Bavarian penal code of 1813. This code, reflecting his enlightened views, influenced legal reforms across Germany and even beyond, to Sweden and several Swiss cantons. He also delved into civil law, attempting to adapt the Napoleonic Code for Bavaria. Towards the end of his life, he became fascinated by the enigmatic Kaspar Hauser case, publishing a critical analysis of the events. In 1833, the same year as Hauser’s own mysterious death, Anselm von Feuerbach died in Frankfurt. The circumstances surrounding his death remain somewhat unclear, with whispers of poisoning. He lies here, a testament to a life devoted to legal reform, marked by both intellectual brilliance and personal intrigue.