The Legality Principle in American and German Criminal Law: An Essay in Comparative Legal History

Dubber, Markus

doi:10.2139/ssrn.1735966

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The Legality Principle in American and German Criminal Law: An Essay in Comparative Legal History

Markus D. Dubber

University of Toronto - Faculty of Law

December 1, 2010

Abstract:
After briefly recounting the (non-) history of the principle of legality (nullum crimen sine lege) in American criminal law, this paper explores the potential of comparative legal history as a tool of critical analysis of law, by outlining a cross-temporal and -systemic analysis of the legality principle, using German criminal law as a point of comparison.

Number of Pages in PDF File: 18

Keywords: comparative law, criminal law, legal history, constitutional law, comparative legal history, legality principle, nullum crimen sine lege, German criminal law, American criminal law

JEL Classification: K14, K30, K33

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Date posted: January 8, 2011

Suggested Citation

Dubber, Markus D., The Legality Principle in American and German Criminal Law: An Essay in Comparative Legal History (December 1, 2010). Available at SSRN: http://ssrn.com/abstract=1735966 or http://dx.doi.org/10.2139/ssrn.1735966

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Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada