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)

Mohamed Elewa Badar; Iryna Marchuk

doi:10.1007/s10609-012-9187-z

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)

Mohamed Elewa Badar, Iryna Marchuk

7 Citations (Scopus)

Abstract

The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as 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 subject to the legal analysis). By conducting a comprehensive legal analysis of the concept 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. Particular attention has been given to the thorny and much debated area of the subjective 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 study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability in such major legal systems.

Original language	English
Journal	Criminal Law Forum
Volume	24
Issue number	1
Pages (from-to)	1-48
Number of pages	48
ISSN	1572-9850
DOIs	https://doi.org/10.1007/s10609-012-9187-z
Publication status	Published - Mar 2013

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1007/s10609-012-9187-z

http://download.springer.com/static/pdf/316/art%253A10.1007%252Fs10609-012-9187-z.pdf?auth66=1361277906_aa7b4f1b5416621288914023f472b02e&ext=.pdf

Fingerprint

Dive into the research topics of '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)'. Together they form a unique fingerprint.

Cite this

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). / Elewa Badar, Mohamed; Marchuk, Iryna.

In: Criminal Law Forum, Vol. 24, No. 1, 03.2013, p. 1-48.

Research output: Contribution to journal › Journal article › Research › peer-review

@article{116b1fa2bfb64a19a4ae5b30fec0640c,

title = "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 criminal responsibility in selected common law and continental law jurisdictions as well as 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 subject to the legal analysis). By conducting a comprehensive legal analysis of the concept 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. Particular attention has been given to the thorny and much debated area of the subjective 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 study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability in such major legal systems.",

author = "{Elewa Badar}, Mohamed and Iryna Marchuk",

year = "2013",

month = mar,

doi = "10.1007/s10609-012-9187-z",

language = "English",

volume = "24",

pages = "1--48",

journal = "Criminal Law Forum",

issn = "1046-8374",

publisher = "Springer",

number = "1",

}

TY - JOUR

T1 - 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)

AU - Elewa Badar, Mohamed

AU - Marchuk, Iryna

PY - 2013/3

Y1 - 2013/3

N2 - The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as 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 subject to the legal analysis). By conducting a comprehensive legal analysis of the concept 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. Particular attention has been given to the thorny and much debated area of the subjective 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 study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability in such major legal systems.

AB - The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as 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 subject to the legal analysis). By conducting a comprehensive legal analysis of the concept 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. Particular attention has been given to the thorny and much debated area of the subjective 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 study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability in such major legal systems.

U2 - 10.1007/s10609-012-9187-z

DO - 10.1007/s10609-012-9187-z

M3 - Journal article

SN - 1046-8374

VL - 24

SP - 1

EP - 48

JO - Criminal Law Forum

JF - Criminal Law Forum

IS - 1

ER -