The Legality Principle in American and German Criminal Law: An Essay in Comparative Legal History
18 Pages Posted: 8 Jan 2011
Date Written: December 1, 2010
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.
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
Suggested Citation: Suggested Citation