Skip to main content Accessibility help
×
Home
Hostname: page-component-768ffcd9cc-96qlp Total loading time: 0.634 Render date: 2022-12-01T17:26:25.171Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "displayNetworkTab": true, "displayNetworkMapGraph": false, "useSa": true } hasContentIssue true

1 - Introductory Remarks

from Part I - Introduction

Published online by Cambridge University Press:  19 December 2019

Kai Ambos
Affiliation:
Georg-August-Universität, Göttingen, Germany
Antony Duff
Affiliation:
University of Stirling
Julian Roberts
Affiliation:
University of Oxford
Thomas Weigend
Affiliation:
University of Cologne (Emeritus)
Alexander Heinze
Affiliation:
Georg-August-Universität, Göttingen, Germany
Get access

Summary

Criminal law and criminal justice are becoming increasingly globalised. In open societies, the era in which individual jurisdictions developed their own codes, statutes and systems of justice with no regard to other systems and countries is long over. There is a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This development has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. However, attempts at trans-jurisdictional discourse are often hampered by mutual misunderstanding. Some problems are linguistic: although English is the new lingua franca in international and comparative criminal law, not all foundational concepts of criminal law and justice originate in the English-speaking world; some of them are rooted in civil law jurisdictions, such as France, Germany and Italy. The translation of these concepts into English is thus subject to ambiguity and potential error: the same term may have different meanings in different legal contexts. As a consequence, critical and theoretical discussions too often take place within the different legal traditions rather than between them: Anglo-American scholars talk to each other, as do those taught in Continental European criminal law traditions; too rarely do they engage seriously with each other across these jurisdictional borders.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×