Core Concepts in Criminal Law and Criminal Justice: Volume 1 - Volume I (Hardcover)

Reviews

"My review" by Phillip T. - 10 May 2020

AN AMBITIOUS REVIEW OF CRIMINAL LAW TODAY: THE FIRST OF THREE VOLUMES FROM CUP An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator This book is the first volume of three volumes examining a modern approach to criminal law at a time when it is desperately needed. Cambridge University Press (CUP) are to be congratulated by identifying the need for a comparative conceptual analysis of criminal law and criminal justice. The service which CUP offer us as practitioners and researchers is of immense value and collaborative works such as this new series covering crime remain invaluable to us. This first volume is entitled “Core Concepts in Criminal Law and Criminal Justice” and will be what is a three-volume project – at least for now! The basis of the work emerged from the Anglo-German Dialogue project. The twelve chapters in this book are based upon the drafts which were the subject of a series of biannual workshops. In this first volume, there are three parts split into an introduction in part one followed by part two which covers criminal law, and part three which is devoted to criminal justice and procedure. In total, twenty-two contributors are listed for each chapter giving their own specific expertise for the subject heads covered. The main editors are Kai Ambos, Anthony Duff, Julian Roberts, and Thomas Weigend. The Assistant editor is Alexander Heinze. They have successfully attempted a trans-jurisdictional debate and agreement which can often be beset by mutual misunderstanding. The work is designed specifically for legal professionals and academic researchers engaged in comparative criminal law. They sometimes use the same terms with different meanings or different terms which mean the same thing so some confusions can arise. They write that “although English is the new lingua franca in international and comparative criminal law, there are many ambiguities and uncertainties with regard to foundational criminal law and criminal justice concepts”. Absolutely true! Although there appear greater similarities among diverse systems of criminal law and justice than is commonly realised even though the study and practice of criminal law is much harder than many (initially) realise as every student will testify!! The mission statement of this volume and the series will be to explore “the foundational principles and concepts that underpin the different domestic systems”. The editors have honed-in on both the German, and the several principal Anglo-American jurisdictions, which are employed as illustrations of “the wider common law-civil law divide” which will benefit all studying comparative law. CUP give us the following content for the first volume: a comparison between Anglo-American with German concepts, doctrines, principles, and structures. They have set out chapters which are “conceptual, transparent and explicit as to their methodology and research questions, including factual scenarios to illustrate the concepts being discussed”. All 22 contributors come from distinguished scholastic backgrounds with international reputations, and also from diverse backgrounds with either a more theoretical/normative or a more empirical approach which adds additional authority to this excellent first edition of the eventual series of books to help us evaluate the criminal system of law. The publication date of volume one of this hardback edition is cited as at 19th December 2019.