The American Law Institute’s Model Penal Code and European Criminal Law

18 Pages Posted: 27 Feb 2011

See all articles by Markus D. Dubber

Markus D. Dubber

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics

Date Written: February 26, 2011

Abstract

It has been suggested that the American Law Institute’s Model Penal Code might serve as a model for a European Model Penal Code, or at least for the project of assembling general principles of European criminal law. This paper presents a critical analysis of the Model Penal Code project, paying particular attention to the form of the project, rather than its substance, on the assumption that the idea, and the drafting, of the Model Penal Code would be of greater interest to a European criminal law project than its content, a systematic and comprehensive general part and a representative special part of “American criminal law.”

Keywords: European Criminal Law, American Criminal Law, Model Penal Code, Criminal Codification, Criminal Law Reform, American Law Institute, European Law Institute, EU Law

JEL Classification: K14, K33

Suggested Citation

Dubber, Markus D., The American Law Institute’s Model Penal Code and European Criminal Law (February 26, 2011). Available at SSRN: https://ssrn.com/abstract=1770664 or http://dx.doi.org/10.2139/ssrn.1770664

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

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

HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

University of Toronto - Centre for Ethics ( email )

6 Hoskin Avenue
Toronto, Ontario M5S 1H8
Canada

HOME PAGE: http://ethics.utoronto.ca

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