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English
Cambridge University Press
17 February 2022
The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts.

More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed.

Edited by:   , , , , , ,
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
Edition:   New edition
Dimensions:   Height: 235mm,  Width: 158mm,  Spine: 31mm
Weight:   830g
ISBN:   9781316510544
ISBN 10:   1316510549
Pages:   476
Publication Date:  
Audience:   General/trade ,  ELT Advanced
Format:   Hardback
Publisher's Status:   Active
1. Introductory Remarks Kai Ambos, Antony Duff, Julian Roberts and Thomas Weigend; Part I. Criminal Law: 2. Structures Within Criminal Legal Reasoning Matt Dyson and Frank Meyer; 3. Causation and Responsibility for Outcomes Alec Walen and Bettina Weißer; 4. Imputation of Responsibility and Intoxicated Offending Neha Jain, Sabine Gless and Arlie Loughnan; 5. Crimes of Endangerment Antony Duff and Tatjana Hörnle; Part II. Criminal Procedure: 6. Prosecutorial Discretion Shannon Fyfe and Alexander Heinze; 7. Arrest and Coercion Richard Vogler and Dominik Brodowski; 8. Witness Evidence in Pre-Trial and Trial Procedure John Jackson and Thomas Weigend; 9. Cooperation Agreements in Germany and the USA Kai Ambos and Stephen Thaman; Part III. Criminal Justice: 10. The Implementation of Sentences Nicola Padfield and Katrin Höffler; 11. Collateral Consequences of Criminal Conviction in the United States and Germany Alessandro Corda and Johannes Kaspar.

Kai Ambos has a Chair for Criminal Law, Criminal Procedure, Comparative Law, International Criminal Law and Public International Law at the University of Göttingen, Germany. He is Judge at the Kosovo Specialist Chambers in The Hague; Advisor (amicus curiae) of the Colombian Special Jurisdiction for Peace; Director of the Centro de Estudios de Derecho Penal y Procesal Penal Latinoamericano (CEDPAL); Editor-in-Chief of Criminal Law Forum and Life Member Clare Hall College, University of Cambridge. Antony Duff is a Professor Emeritus at the University of Stirling, and an Honorary Professor at the Edinburgh Law School. He is a Fellow of the British Academy and of the Royal Society of Edinburgh, and holds honorary doctorates from the Universities of Edinburgh and Oslo. He was a founding co-editor of the journal Criminal Law and Philosophy, and a founding co-director of the Robina Institute of Criminal Law and Criminal Justice at the University of Minnesota. Alexander Heinze is an Assistant Professor at Georg-August-University Göttingen, Germany. He is an elected member of the International Law Association Committee on Complementarity in International Criminal Law, Co-Editor of the German Law Journal and Book Review Editor of the Criminal Law Forum. Julian Roberts is a Professor of Criminology at the University of Oxford. He was a member of the Sentencing Council of England and Wales and an advisor to the American Law Institute Model Penal Code Sentencing project. He was the 2021 recipient of the American Society of Criminology Sellin-Glueck Award for scholarship that considers crime and criminal justice internationally and comparatively. He has been a Visiting Professor at the University of Ferrara; University of Haifa; School of Law, Kings College London; the University of Cambridge; the University of Toronto; the University of Minnesota; and the Université Libre de Bruxelles. Thomas Weigend served as a Professor of Criminal Law and Criminal Procedure at the University of Cologne, Germany, until 2016. He was a visiting professor at the University of Chicago, the University of Tokyo, New York University, Peking University, Universitá di Bologna, and other universities.

Reviews for Core Concepts in Criminal Law and Criminal Justice: Volume 2

'Core Concepts in Criminal Law and Criminal Justice is one of the most serious and promising attempts to build a trans-jurisdictional dialogue between Anglo-American and continental European criminal law scholars. Aimed at exploring the basis for a common grammar in Western criminal law, the book uncovers interesting commonalities and diversities between these legal traditions in their legal frameworks and criminal law theories. To sum up, a must-read book for those who really want to delve into comparative analysis of criminal law.' Ezequiel Malarino, Università degli Studi di Macerata, Italy 'The book Core Concepts in Criminal Law and Criminal Justice: Anglo-German Dialogues provides us with an opportunity to look at the boundaries of criminal liability from comparative perspectives, and to evaluate the considerations that justify the extension of criminal liability ...' Miriam Gur-Arye, Israel Law Review 'If the existence of a global society is defined by the existence of common rules with hardly any local modulations, this book presents the reader with his birth certificate. In fact, the book describes how, in practice, the interpretation and application of common rules operates to face global problems in that part of 21st-century society that is still called the West, beyond the local regulations in which it is supposed to be the most parochial of all areas of law: criminal law. What is the common foundation of punishment for omissions? Who is responsible for crimes, why and to what extent? What is consent as a defence? What is terrorism and how is it punished? Is there a maximum limit to the penalty to be imposed for a crime? What penalty should be imposed on repeat offenders? How are penalties negotiated? What are the minimum rules of due process and what should be done about illicit evidence? All these questions have answers in this book in shared rules, with local modulations more or less important, but that do not cease to be that: hardly spaces in the common rules for local adaptation. In this way, its editors (Kai Ambos, Antony Duff, Julian Roberts and Thomas Weigend) demonstrate that, beyond Brexit and high-flown statements, there will continue to exist a society with shared rules on both sides of the English Channel.' Jean Pierre Matus Acuña, Universidad de Chile 'This is a project that is wonderfully conceived. International criminal law has, as the editors say, in spite of English increasingly become the lingua franca of international criminal law, often beset by linguistic misunderstandings, where concepts that sound the same are, in fact 'false friends'. This work, therefore in seeking to foster a trans-linguistic and analytic approach to core concepts in international criminal justice is one that can be warmly applauded. The editorial team behind it reads very much as a 'who's who' of international criminal law, and the outstanding quality of the chapters it contains is testament to their dedication to such an important project.' Robert Cryer, University of Birmingham 'This is an ambitious opening foray in an exciting project, which is both comparative and conceptual. Rather than simply comparing legal practices, each chapter uses comparative inquiry to excavate underlying theoretical and philosophical assumptions and perspectives. This project offers new ideas and new frameworks that can enliven thinking within different communities of criminal law theory.' Darryl Robinson, Queen's University, Ontario


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