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Principles of German Criminal Law (Paperback)
Loot Price: R2,381
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Principles of German Criminal Law (Paperback)
Series: Studies in International and Comparative Criminal Law
Expected to ship within 10 - 15 working days
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German criminal law doctrine, as one of the more influential ones
over time and on a global scale, takes rather different approaches
to many of the problems of substantive law from those of the common
law family of countries like the UK, the US, Canada, New Zealand,
Australia etc. It also differs markedly from the system which is
most often used in Anglophone writing as a civil law comparison,
the French law. German criminal law is a code-based model and has
been for centuries. The influence of academic writing on its
development has been far greater than in the judge-oriented common
law models. The book will serve as a useful aid to debates about
codification efforts in countries that are mostly based on a case
law system, but who wish to re-structure their law in one or
several criminal codes. The comparison will show that similar
problems occur in all legal systems regardless of their provenance,
and the attempts of individual systems at solving them, their
successes and their failures, can provide a rich experience on
which other countries can draw and on which they can build. The
book provides an outline of the principles of German criminal law,
mainly the so-called 'General Part' (eg actus reus, mens rea,
defences, participation) and the core offence categories (homicide,
offences against property, sexual offences). It sets out the
principles, their development under the influence of academic
writing and judicial decisions. The book is not meant as a textbook
of German criminal law, but is a selection of interrelated in-depth
essays on the central problems. Wherever it is apposite and
feasible, comparison is offered to the approaches of English
criminal law and the legal systems of other common and civil law
countries in order to allow common lawyers to draw the pertinent
parallels to their own jurisdictions.
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