Author Description
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.
Menrva's Summary
THE THESIS
This text investigates the core question of how the criminal law systems of the United States and Germany compare in their foundational doctrines and practical applications. Authors Tatjana Hörnle and Markus Dubber utilize their expertise in comparative legal studies to construct a framework that contrasts common law and civil law traditions. By presenting translated sources and structured commentary, the authors argue that examining these two distinct systems provides a critical perspective on the universal challenges inherent in criminal jurisprudence.
THE SCOPE MAP
What You Will Find
- Comparative analysis of U.S. and German substantive criminal law
- Examination of constitutional limits on criminal authority
- Analysis of the general part of criminal law and specific offenses
- Translated primary sources and case materials
Scope Limits
- Does not cover criminal procedure or law enforcement practices
- Excludes jurisdictions outside of the United States and Germany
THE AUTHORITY PERSPECTIVE
Legal scholars and students frequently utilize this text as a foundational resource for understanding the structural differences between American and German legal systems. Experts highlight the clarity of the comparative framework and the utility of the translated materials for those without prior knowledge of foreign legal doctrines.
Page Count:
709
Publication Date:
2014-01-01
ISBN-10:
0191030686
ISBN-13:
9780191030680
Law
Legal Studies
United States
Professional Career & Trade
Criminal Law
Academic
Comparative Law