Table of Contents

Part I: Preliminary
1: Punishment: Concepts, Forms, Limits
2: Legality Principle (nulla poena sine lege)
3: Constitutional limits on substantive criminal law
4: Jurisdiction
5: Procedural Contexts
6: Analysis of Criminal Liability
Part II: General Part
7: Actus Reus (Objective Elements)
8: Mens Rea (Subjective Elements)
9: Causation
10: Complicity
11: Corporate criminal liability
12: Inchoate offenses
13: Justifications
14: Excuses
Part III The Special Part
15: Offenses Against the Person
16: Offenses Against Sexual Autonomy: Rape and Sexual Assault
17: Other Offenses

About the Author

Markus D. Dubber is Professor of Law at the University of Toronto. Dubber's scholarship has focused on theoretical, comparative, and historical aspects of criminal law. His publications include Handbook of Comparative Criminal Law, Modern Histories of Crime and Punishment, The New Police Science: The Police Power in Domestic and International Governance, The Police Power: Patriarchy and the Foundations of American Government, Einführung in das US-amerikanische
Strafrecht, Criminal Law: Model Penal Code, and Victims in the War on Crime: The Use and Abuse of Victims' Rights. Tatjana Hörnle is Professor of Criminal Law, Comparative Criminal Law, and Penal
Philosophy, Humboldt University Berlin. She writes mainly about substantive criminal law and sentencing and about the foundations of the criminal law in moral and political philosophy and constitutional law. In addition to numerous articles in German and international law journals, Professor Hörnle has published on proportionality in sentencing, on offensive conduct, on punishment theories and on freedom of will and culpability.

Reviews

Criminal Law: A Comparative Approach is an unparalleled resource for all scholars of the criminal law. Bringing together a wealth of material in one volume, it facilitates fine grained analysis of the peculiarities of domestic criminal law from a comparative perspective. As such, it is an irresistible invitation to escape the customary jurisdictional silos of criminal law scholarship.
*Lucia Zedner, Professor of Criminal Justice, University of Oxford*

German and United States law have long been the competing lodestars of criminal justice. Drawing upon well-annotated cases and statutes, Dubbers and Hörnle's Criminal Law: A Comparative Approach provides an indispensable cartography of both legal systems and especially their points of departure. It is hard to imagine how we previously operated without such a well-plotted map of comparative criminal law.
*Steven Wilf, Anthony J. Smits Professor of Global Commerce, University of Connecticut*

For the first time, the wealth of German legal thinking in criminal law has been made accessible to English-speaking jurists. Two leading experts of comparative legal thinking present the great cases of German and U.S. criminal law and masterfully analyze their meaning and impact. Anyone interested in criminal law will vastly profit from the novel perspectives that this volume offers.
*Professor Dr. Thomas Weigend, University of Cologne*

Dubber and Hörnle have teamed up to produce a richly stimulating volume, one that doubles as an innovative teaching tool and a valuable reference work on comparative criminal law. By comparing American and German law to each other, the authors reveal much about the underlying structure of criminal law that readers might miss by looking at either system on its own.
*Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law*

Dubber and Hörnle Criminal Law is a pioneering piece of comparative law scholarship. Avoiding the kaleidoscope of multiple systems description, this innovative book offers a profound and detailed analysis of two major criminal law traditions: the US and the German one. Taking so seriously the comparative approach, Dubber and Hörnle allow the reader to understand not only the essential features of the examined systems, but also the very nature of fundamental principles, doctrines, and critical decisions that shape the criminal law almost everywhere today.
*Professor Michele Papa, University of Florence*

Dubbers and Hörnles book is unique in its approach; Criminal Law - A Comparative Approach looks behind the scenes of two of the most influential criminal law systems. It provides a highly instructive account of their conceptual foundations and offers an illuminating juxtaposition and analysis of their specific approaches towards a vast array of modern-day criminal law's most important subjects. In so doing, the authors not only foster mutual understanding, but also surprise their readers with numerous insights into the inner workings of their own legal systems.
*Frank Meyer, Professor at the University of Zurich*