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This volume contributes to the codification debate by bringing
together research articles which compare and contrast the
experience of countries which have a criminal code with those
operating a case law system. The articles consider the criticisms
that are often made of criminal code systems such as: the implicit
restrictions on judicial discretion; the tendency towards
inflexibility; the discrepancy that can develop between the theory
and the development of the law in practice; and the potential
difficulty of a criminal code fitting into a country's domestic
socio-legal culture. The advantages of the case law system are also
considered such as reliance on the judiciary for the development of
the nation's criminal law as well as the ability to legislate on
the problems of the day by enacting topical laws for distinct
subjects. Whereas wholesale codification is a much more accepted
phenomenon in the continental law traditions, simplistic
transplants from one legal tradition can result in systemic
frictions and other anomalies which may offend domestic culture.
This collection is an invaluable reference tool which supports the
discussion over codification and promotes better understanding
across the common law/civil law divide.
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