A COMPARATIVE STUDY OF THE PRINCIPLES GOVERNING CRIMINAL RESPONSIBILITY IN THE MAJOR LEGAL SYSTEMS OF THE WORLD (ENGLAND, UNITED STATES, GERMANY, FRANCE, DENMARK, RUSSIA, CHINA, AND ISLAMIC LEGAL TRADITION)

Collection Location Koleksi E-book & E-Journal Perpustakaan Pusat Unila
Edition Volume 24 issue 1
Call Number
ISBN/ISSN 1572 9850
Author(s) BADAR, MOHAMED ELEWA
MARCHUK, IRYNA
Subject(s) LAW
Classification NONE
Series Title
GMD E-Journal
Language English
Publisher Springer
Publishing Year 2013
Publishing Place Switzerland
Collation
Abstract/Notes A COMPARATIVE STUDY OF THE PRINCIPLES GOVERNING CRIMINAL RESPONSIBILITY IN THE MAJOR LEGAL SYSTEMS OF THE WORLD (ENGLAND, UNITED STATES, GERMANY, FRANCE, DENMARK, RUSSIA, CHINA, AND ISLAMIC LEGAL TRADITION)ABSTRACT. The purpose of this survey is to examine the underlying principles of criminalresponsibilityinselectedcommonlawandcontinentallawjurisdictionsaswellas in the Islamic legal tradition through the lens of comparative law (legal jurisdictions of England, Canada, United States, Germany, France, Denmark, Russia and China are subjecttothelegalanalysis).Byconductingacomprehensivelegal analysisoftheconcept of crime in selected legal jurisdictions, this study reveals the common legal features pertinent to the concept of crime that are shared by the major legal systems of the world. Particularattentionhas been giventothethornyandmuchdebatedareaofthesubjective element of a crime and the standards employed to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the studydemonstratesthattherearemorecommoncharacteristicsthanoriginallyanticipated regarding the concept of crime, as well as the basis of the principle of culpability in such major legal systems.

ABSTRACT. The purpose of this survey is to examine the underlying principles of criminalresponsibilityinselectedcommonlawandcontinentallawjurisdictionsaswellas in the Islamic legal tradition through the lens of comparative law (legal jurisdictions of England, Canada, United States, Germany, France, Denmark, Russia and China are subjecttothelegalanalysis).Byconductingacomprehensivelegal analysisoftheconcept of crime in selected legal jurisdictions, this study reveals the common legal features pertinent to the concept of crime that are shared by the major legal systems of the world. Particularattentionhas been giventothethornyandmuchdebatedareaofthesubjective element of a crime and the standards employed to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the studydemonstratesthattherearemorecommoncharacteristicsthanoriginallyanticipated regarding the concept of crime, as well as the basis of the principle of culpability in such major legal systems.
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