Overview

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.

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9780198794226

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Reviews

Dubbers and Hornle's book is unique in its approach; Criminal Law: A Comparative Approach looks behind the scenes of two of the most influential criminal law systems. It provides a highly instructive account of their conceptual foundations and offers an illuminating juxtaposition and analysis of their specific approaches towards a vast array of modern-day criminal laws most important subjects. In so doing, the authors not only foster mutual understanding, but also surprise their readers with numerous insights into the inner workings of their own legal systems. Frank Meyer, University of Zurich, Germany Criminal Law: A Comparative Approach is an unparalleled resource for all scholars of the criminal law. Bringing together a wealth of material in one volume, it facilitates fine grained analysis of the peculiarities of domestic criminal law from a comparative perspective. As such, it is an irresistible invitation to escape the customary jurisdictional silos of criminal law scholarship. Lucia Zedner, Professor of Criminal Justice, University of Oxford German and United States law have long been the competing lodestars of criminal justice. Drawing upon well-annotated cases and statutes, Dubbers and Hornles Criminal Law: A Comparative Approach provides an indispensable cartography of both legal systemsand especially their points of departure. It is hard to imagine how we previously operated without such a well-plotted map of comparative criminal law. Steven Wilf, Anthony J. Smits Professor of Global Commerce, University of Connecticut For the first time, the wealth of German legal thinking in criminal law has been made accessible to English-speaking jurists. Two leading experts of comparative legal thinking present the great cases of German and U.S. criminal law and masterfully analyze their meaning and impact. Anyone interested in criminal law will vastly profit from the novel perspectives that this volume offers. Professor Dr. Thomas Weigend, University of Cologne Dubber and Hornle have teamed up to produce a richly stimulating volume, one that doubles as an innovative teaching tool and a valuable reference work on comparative criminal law. By comparing American and German law to each other, the authors reveal much about the underlying structure of criminal law that readers might miss by looking at either system on its own. Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law Dubber and Hornle 'Criminal Law' is a pioneering piece of comparative law scholarship. Avoiding the kaleidoscope of multiple systems description, this innovative book offers a profound and detailed analysis of two major criminal law traditions: the US and the German one. Taking so seriously the comparative approach, Dubber and Hornle allow the reader to understand not only the essential features of the examined systems, but also the very nature of fundamental principles, doctrines, and critical decisions that shape the criminal law almost everywhere today. Professor Michele Papa, University of Florence

Criminal Law: A Comparative Approach is an unparalleled resource for all scholars of the criminal law. Bringing together a wealth of material in one volume, it facilitates fine grained analysis of the peculiarities of domestic criminal law from a comparative perspective. As such, it is an irresistible invitation to escape the customary jurisdictional silos of criminal law scholarship. Lucia Zedner, Professor of Criminal Justice, University of Oxford German and United States law have long been the competing lodestars of criminal justice. Drawing upon well-annotated cases and statutes, Dubbers and Hornles Criminal Law: A Comparative Approach provides an indispensable cartography of both legal systemsand especially their points of departure. It is hard to imagine how we previously operated without such a well-plotted map of comparative criminal law. Steven Wilf, Anthony J. Smits Professor of Global Commerce, University of Connecticut For the first time, the wealth of German legal thinking in criminal law has been made accessible to English-speaking jurists. Two leading experts of comparative legal thinking present the great cases of German and U.S. criminal law and masterfully analyze their meaning and impact. Anyone interested in criminal law will vastly profit from the novel perspectives that this volume offers. Professor Dr. Thomas Weigend, University of Cologne Dubber and Hornle have teamed up to produce a richly stimulating volume, one that doubles as an innovative teaching tool and a valuable reference work on comparative criminal law. By comparing American and German law to each other, the authors reveal much about the underlying structure of criminal law that readers might miss by looking at either system on its own. Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law Dubber and Hornle 'Criminal Law' is a pioneering piece of comparative law scholarship. Avoiding the kaleidoscope of multiple systems description, this innovative book offers a profound and detailed analysis of two major criminal law traditions: the US and the German one. Taking so seriously the comparative approach, Dubber and Hornle allow the reader to understand not only the essential features of the examined systems, but also the very nature of fundamental principles, doctrines, and critical decisions that shape the criminal law almost everywhere today. Professor Michele Papa, University of Florence

Author Information

Markus Dubber, Professor of Law, University of Toronto, Tatjana Hornle, Professor of Criminal Law, Comparative Criminal Law, and Penal Philosophy, Humboldt University, Berlin

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