Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. Also available as an eBook through the Columbia University Libraries.
Fletcher, George P. Find in Library. Advanced Search. Privacy Copyright. Skip to main content. This project seeks answers on these types of questions, trough the elaboration of a legal theoretical account of the criminal justice system. The object of inquiry is the criminal justice system as a legal framework for the exercise of public penal power, i. It is, as a starting point, taken to consist of those normative and institutional elements that formally serves or surrounds this function — such as norms concerning the punishable offences and institutions that officially respond to the violation of these norms or that safeguard the interests of the accused.
The aspiration is, however, not in first place to provide an account about a specific national criminal justice system as an existing empirical legal phenomenon, or about similarities and differences between different specific systems. The aspiration is instead to provide an account of the nature and meaningof the criminal justice system at a more general, conceptual and principled level, i.
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. Compared with other fields of law, like contract and property law, comparative research into the so-called general part of criminal law is quite a recent phenomenon within academia. This handbook therefore fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands.
Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability e. Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control. This book is not only invaluable for students, but also for legal practitioners who want to broaden their knowledge of criminal law.
It is also a useful point of reference and a source of inspiration for teachers, academics, legal practitioners, policymakers, interpreters and translators. It is unique in its concentration on comparative criminal law in three jurisdictions — England, Germany and the Netherlands. This enables study of and presentation of the relevant matters in depth, while still open for widening the comparative view beyond these territories where appropriate.
The authors prove themselves throughout as remarkably knowledgeable in the various laws and the high level of their argumentation is impressive. Primarily the book is addressed to students, and this aim is pursued in a concise and understandable manner.
Moreover, academics, lawyers and anybody else interested in the similarities and differences of the general substantive elements of criminal liability in these countries can also gain valuable information from this well-written book.
It is not a surprise that a second edition was released within a year. In essence it has a handy continental approach which fits nicely into modern legal teaching to give the subject some rounded perspective. Comparative Concepts of Criminal Law 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.
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