Law I / The Architecture of the Offence
Practice question · Put in order

Arrange these developments in the theory of the offence in chronological order.

Hints
  1. The classical structure is the oldest of the four.
  2. The functionalist turn comes after finalism and before the current Spanish code.
Show the answer
  1. Beling formulates the classical structure of the offence, 1906
  2. Welzel develops the finalist theory of action, in the 1930s
  3. Roxin argues that the categories should be built from criminal policy, 1970
  4. The Spanish Criminal Code now in force is enacted, 1995
Why

The sequence explains why Spanish manuals read the way they do. The structure students learn was built in Germany across seventy years and arrived in Spain as a developed apparatus; the 1995 Code was drafted by people who had that apparatus in mind, which is why the Code's general part reads as a set of answers to questions it does not state.

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