Towards a Universal Theory of Criminal Law: Rethinking the Comparative and International Project
Criminal Justice Ethics, 27 1: 53-66
Posted: 25 Jun 2015
Date Written: 2008
Theorizing, as Paul Valery observed, is a profoundly autobiographical exercise shaped over the course of a personal and professional life's journey. A close reading of the preface to The Grammar of Criminal Law: American,Comparative, and International reveals the cosmopolitan scholarly influences on George Fletcher and their role in refining his concept of criminal law. Those influences span a vast terrain. In Fletcher's peripatetic intellectual life, comparative and international law have loomed large and German criminal law theory has always occupied a central place. One of the three central theses of Fletcher's book is a prognosis that international law, in particular international criminal law, will come to play a significant role in the development of domestic criminal law theory, and vice versa.
JEL Classification: k00
Suggested Citation: Suggested Citation