Mar 06, 2020 for more information about comparative criminal procedure resources, see comparative criminal procedure. The book illustrates the different types of law and justice systems. The fundamental concept of crime in international criminal law a comparative law analysis. She has more than 24 years experience of research and project implementation in developing countries in the fields of juvenile justice, probation, justice policy, and child rights. This engaging and interactive textbook will enhance your ability to be successful in academics or a career in criminal justice. Comparative criminal law as oxymoron criminal law traditionally has been the most parochial of legal.
Such study can take a descriptive, historical, or political approach. Free criminal law books download ebooks online textbooks. The third section discusses selected topics in comparative law, such as punishment theory, victims, jurisdiction, the principle of legality, an analysis of criminal liability, and general principles of criminal liability. The first section of this article describes criminal law s parochialism. Similarly, the chapter on corporate criminal liability has been revised and now also discusses the issue of mens rea and corporate fault, amongst other issues. It should also be commended for generally steering clear of passing any normative judgment on the different practices of the different states especially seeing how some. Pdf comparative criminal justice download read online free. Until the publication of kevin jon heller and markus d dubbers handbook of comparative criminal law there existed, in the english language, no comprehensive volume devoted to comparative criminal law proper, understood in the sense just sketched. An economic perspective at the other hand, from a normativ e point of view, the ma gnitude of b may also capture social attitudes to a certain kind of punishment.
Here, particular weight will be attached to studies on european criminal law conducted from a comparative perspective. The handbook of comparative criminal law edited by kevin. The article is intended to be suggestive rather than exhaustive. Lyonette louisjacques is foreign and international law librarian and lecturer in law at the university of chicago dangelo law library published junejuly 2007 read the update. Professor of criminal law, national university of chile, president. Pdf the first section of this article describes criminal laws parochialism. Part i clarifies what it means to do comparative criminal law and distinguishes it from similar endeavors such as compiling criminal law. Insofar as comparative law has always had a critical edge, under the police power conception comparative criminal law is a contradiction in terms since criminal law is, in an important sense, beyond critique. Comparative american and talmudic criminal law by irene. However, the aim of comparative international law is open to 16 ferrini v federal republic of germany 2006 128 ilr 658. Anglophone comparative lawyers often bemoan the neglect of their discipline by mainstream legal scholarship and practice. The task of comparative criminal justice, most scholars would agree, is to com pare and. This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law.
The power to punish is closely associated with the power to govern and, in fact. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. T536 2008 provides a brief history of european criminal procedure. How can the study of comparative criminal justice avoid the opposite dangers of. Of comparative criminal justice the origins of the comparative method in areas other than criminal justice can be traced back to ancient times. Comparative criminal law by kevin jon heller, markus. Michael bohlander criminal law had long been regarded as the preserve of national legal systems, and comparative research in criminal law for a long time had something of an academic ivory tower quality. They did not argue that contemporary secular law should be modeled on jewish law. Compared with other fields of law, like contract and property law, comparative research into the so. Jul 11, 2018 comparative criminal justice is a subfield of the study of criminal justice that compares justice systems worldwide. The ascent of comparative criminal justice oxford academic. She also coauthored many articles with yale rosenberg on juvenile and criminal law and on the comparative study of american and jewish criminal law. Pdf comparative criminal justice elisabetta grande. Cyndi banks is a professor of criminology and criminal justice and dean of university college at northern arizona university.
Comparative concepts of criminal law is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way and not just to the criminal law system of one specific jurisdiction. Iryna marchuk the fundamental concept of crime in international criminal law a comparative law. This book begins with the foundations of law and the legal system and then extensively explores criminal laws and defenses using general state principles, federal law, the constitution, and. Comparative american and talmudic criminal law reflects the journey undertaken by the late irene merker rosenberg and yale l. The discussion notes that comparative criminal law is best seen as one way to gain critical distance from a given system of criminal law by placing it within a larger context. The first section of this article describes criminal laws parochialism. Markus dubber and tatjana hornles new book on comparative criminal law is perhaps the best exploration of the doctrinal differences between common law and german criminal law doctrine since george fletchers groundbreaking 1978 work, rethinking criminal law. For courses in comparative criminal justice systems, comparative criminology, and comparative government.
We will examine recent trends in major criminal justice systems and explore the process of harmonization of criminal law and procedure at the international level. Compared with other fields of law, like contract and property law, comparative research into the socalled general part of criminal law. More specifically, it involves the study of the different legal systems or families in existence in the world, including the common law, the civil law, socialist law, canon law, jewish law, islamic law, hindu law, and chinese law. General principles of criminal liability receive prominent coverage in each essayincluding discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protectbefore the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. The handbook of comparative criminal law should be judged as a pioneering work in its field, and one that provides something credible to be further built upon in the future. The course will focus on the diversity of criminal justice systems and on the aims and methodology of their comparative analysis. She also coauthored many articles with yale rosenberg on juvenile and criminal law and on the comparative study of. An introduction to comparative criminal law, with discussion of its histories and functions and of selected topics. Observing the reforms in action and speaking with judges and lawyers not only helped to inform my own work, but also helped me to see how legal reform operates in a.
After explaining what it means to do comparative criminal law and how it differs from similar endeavors, such as compiling the criminal law doctrines of different jurisdictions, the chapter considers the usefulness of comparative analysis in terms of strengthening domestic criminal law doctrines and understanding international criminal law. A special feature of the administration of justice in the field of criminal law is that only a. The act has embarked on codification of its criminal law, following the model provided by the commonwealth criminal code 1995. The fundamental concept of crime in international criminal law.
Lyonette louisjacques is foreign and international law librarian and lecturer in law at the university of chicago dangelo law library. Ross, professor of law, university of illinois, college of law and stephen c. Comparative criminal procedure, research handbooks in comparative law series, edited by jacqueline e. Final rosenberg book truly final university of houston law. As we reassess the methodology of comparative law, we need also to reassess the purposes and missions served by comparative law. General principles of criminal liability receive prominent coverage in each essayincluding discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protectbefore the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes. China, england, france, germany, japan, and saudi arabia. The book illustrates the different types of law and. The second section discusses the histories and functions of. The term comparative criminology is the study of the causes and correlates of crime in two or more cultures. Thaman, professor, saint louis university, school of law, us.
Sage books comparative, international, and global justice. Fourth, it explores some issues in the intersection between comparative criminal law and the comparative sociology of punishment. The comparative study of criminal punishment annual. Offering a comprehensive analysis, bestselling comparative criminal justice systems, 5e compares the various criminal justice systems throughout the world using six model countries. B a system of criminal law modern criminal law is composed of three component parts. An economic perspective 11 and utilitarian approaches to punishment confirm that punishment inflicted on the convicted offender must be in proportion to harm inflicted on. This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. The handbook of comparative criminal law kevin heller. A select bibliography compiled by lyonette louisjacques, foreign and international law librarian and lecturer in law at the university of chicago dangelo law library. In criminal justice system the prosecutor plays important role in a trial. Show all formats show print books only show ebooks only. Third, the article surveys some of the approaches to the problem of explaining differing rates of violence in different cultures.
Um law course catalog view course comparative criminal. Criminal law rests upon a linguistic way of thinking these factors construct a kind of normative skeleton able to define and classify crimes and apply and give meaning to general legal principles via a particular fact situation. Pdf comparative criminal justice download read online. Hierarchy of criminal courts and their jurisdiction 1. Rosenberg 19392002 was born in houston, texas where he was one of the first jewish students to attend rice university. Legal studies in international, european and comparative. The principle of legality nonretroactivity of crimes and punishments and related doctrines is fundamental to criminal law and human rights law. It is also used to understand our own culture better through the process of comparison to another culture. For the legislator, it can be a source of possible approaches to a specifi c issue or even to the enterprise of criminal law reform and criminal lawmaking in general. Jan 30, 2014 the chapter is comprised of four parts.
Thaman, professor, saint louis university, school of law, us edward elgar, 2018, isbn. In comparative criminology, we try to explain why crime occurs in different forms and at different levels in one country versus another winslow and zhang, 2008. Comparative criminal law as oxymoron criminal law traditionally has been the most parochial of legal disciplines. However, comparative criminal justice is a relatively new field of inquiry that applies the comparative methodologies used in law and political science to the social sciences of sociology. University of california, san diego the politics of criminal law reform. Comparative law is the study of differences and similarities between the law legal systems of different countries. Exploring the uniquely american doctrine through comparative criminal procedure abstract. A comparative analysis of lower court decisionmaking a dissertation submitted in partial satisfaction of the. Jeanpierre bemba gombos legal problems was an intervention of troops under his command in an internal armed conflict in the central african republic car in the years 2002 and 2003. Download this document for substantive criminal law at maastricht university for free and find more useful study materials. Studies in international and comparative criminal law. Following a theoretically ambitious start at the turn of the nineteenth century, when its aims were laid out with great verve and high hopes, comparative criminal law. It compares common law and civil law approaches to legal reasoning and presents two examples of doing comparative criminal law by comparing common law and civil law approaches to attempt liability and then exploring mens rea, with an emphasis on the differences between the continental mental state of dolus eventualis and the angloamerican mental state of. Thomas weigend is a professor of international, comparative and german criminal law at the university of cologne.
General principles of criminal liability receive prominent coverage in each essayincluding discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the. It compares common law and civil law approaches to legal reasoning and presents two examples of doing comparative criminal law by comparing common law and civil law approaches to attempt liability and then exploring mens rea, with an emphasis on the differences between the continental mental state of dolus eventualis and the angloamerican mental state of recklessness. But, on top of that, it is to my mind the first casebook on comparative criminal. Th e comparative analysis of criminal law can do many things for many people. An introduction vivian grosswald curran comparative consumer bankruptcy jason kilborn comparative law of contracts alain levasseur comparative criminal procedure, second edition stephen c. Organisation of prosecuting agencies for prosecuting criminals 1. Employs a topical approach to examine the criminal justice systems in varying countries in europe, asia, africa, and latin america, including comparative views on law enforcement, judicial systems, corrections, due process of law, and search and seizures. This essay explores the history and uses of comparative criminal law, along with its limitations and its promise, which remains as yet unfulfilled. Generally, comparative law has been employed as a discipline to understand foreign law and culture. In the united states, corporationsas entitiescan be criminally tried and convicted for crimes committed by individual directors, managers, and even lowlevel employees.
The second section discusses the histories and functions of comparative criminal law. Rosenberg in their pioneering comparative studies of jewish law and secular criminal and juvenile law. Unique in its topical approach, this bestselling text examines systems of law, police, courts, and corrections by using more than 30 different countries to show the diversity in legal systems around the world. Pdf criminal law in comparative context nafie clride. The handbook of comparative criminal law edited by kevin jon. The principle of legality in international and comparative. Comparative criminal law is alternately described as the origin and as the poor relations of comparative legal scholarship. Part ii explains why engaging in comparative analysis is useful to both strengthen domestic criminal law doctrines and to better understand international criminal law. Finally, i discuss some specific examples of how i use comparative materials in criminal law teaching. Using international law in domestic courts, lord bingham of.
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