Criminal Jurisdiction and Conceptions of Penality in Comparative Perspective

27 Pages Posted: 21 Jul 2012

See all articles by Markus D. Dubber

Markus D. Dubber

University of Toronto - Faculty of Law

Date Written: June 12, 2012

Abstract

The concept of criminal jurisdiction attracted little attention until the recent rise of international criminal law. Despite the recent upsurge of interest in criminal jurisdiction in the international sphere, domestic criminal jurisdiction remains understudied. This is a shame because, as in the international context, thinking about domestic criminal jurisdiction leads one fairly quickly to issues at the heart of state penality. Turned inward, conceptions of 'international' criminal jurisdiction in a given domestic system reflect that system’s fundamental conceptions of domestic criminal law, including most importantly the notions of crime and penal power itself, notions that can then be subjected to — and sharpened through — historical and comparative analysis.

Keywords: jurisdiction, criminal jurisdiction, international criminal law, territoriality, personality, protective principle, universality, universal jurisdiction

JEL Classification: K14, K30, K33

Suggested Citation

Dubber, Markus D., Criminal Jurisdiction and Conceptions of Penality in Comparative Perspective (June 12, 2012). Available at SSRN: https://ssrn.com/abstract=2114318 or http://dx.doi.org/10.2139/ssrn.2114318

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

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