19세기 독일 형법학에서 전개된 법익 개념－理念史를 중심으로 하여－

In this article, I attempt to deal with how the concept of Rechtsgut originated at the nineteenth-century criminal jurisprudence of Germany, as prior work to clarify the concept of Rechtsgut which plays a guiding role all over the criminal jurisprudence. Above all things, considering the following critical minds as cognitive interest, I try to briefly sketch the history of theory of Rechtsgut in Germany at the nineteenth century. First, under what philosophical and intellectual historical influences, has the concept of Rechtsgut originated and evolved? Second, was the theoretical inquiry which intends to concretize the concept of Rechtsgut successful? Finally, has the concept of Rechtsgut operated as determined criterion to decide substantial crime? On the basis of these critical minds, I will discuss development of theory of Rechtsgut diachronically, which has evolved in the nineteenth century. In this article, I will first deal with the theory of right violation that appeared in the age of Enlightenment(Ⅱ), and examine the theory of Gut by J.M.F. Birnbaum(Ⅲ). After observing the theory of Rechtsgut which appeared at the time when the positivism gained the very summit and was argued by K. Binding and F. v. Liszt(Ⅳ), I will examine thoroughly whether we could get some implications from the history of theory of Rechtsgut(Ⅴ).