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 substantive criminal law functions across two distinct legal systems by comparing the United States and Germany. The authors, Tatjana Hörnle and Markus Dubber, utilize their expertise in comparative legal theory to construct a framework that contrasts common law and civil law traditions. By presenting translated primary sources alongside analytical commentary, they provide a structured method for evaluating the foundational doctrines and constitutional constraints inherent in both jurisdictions.
THE SCOPE MAP
What You Will Find
- Comparative analysis of US and German criminal law systems
- Examination of constitutional limits on criminal law
- Detailed breakdown 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
- Does not provide an exhaustive list of all criminal offenses in either jurisdiction
THE AUTHORITY PERSPECTIVE
Legal scholars and students frequently cite this text as a primary resource for understanding the structural differences between American and German legal doctrines. Experts highlight the book's utility in providing a critical distance that allows for a more nuanced evaluation of domestic criminal law frameworks.
Page Count:
752
Publication Date:
2014-01-01
ISBN-10:
0191030678
ISBN-13:
9780191030673
Criminal Law
Comparative Law
Law
Academic
Legal Studies