Codifying Criminal Law: Do Modern Codes Have it Right?

Canterbury Law Review, Vol. 5, pp. 312-320, 1993

10 Pages Posted: 4 Feb 2005

See all articles by Paul H. Robinson

Paul H. Robinson

University of Pennsylvania Carey Law School

Abstract

Many jurisdictions in this part of the world and elsewhere are contemplating or are in the midst of criminal code reform. I want to talk today about the most basic decisions that face those criminal code reformers: How should a criminal code be structured? Which liability rules should be codified? What kinds of information should be taken into account in formulating a code's provisions? What ought to be the primary purposes and drafting principles of a code?

My general plan has two parts: first, to look briefly at the trends in codification during the past thirty years and to draw from this some lessons on the most useful reform approaches; and, second, to suggest other kinds of reforms, and approaches to reform, that are not reflected in existing codes but ought to be.

Keywords: criminal, modern code, criminal code, codification, criminal reform

JEL Classification: K14

Suggested Citation

Robinson, Paul H., Codifying Criminal Law: Do Modern Codes Have it Right?. Canterbury Law Review, Vol. 5, pp. 312-320, 1993, Available at SSRN: https://ssrn.com/abstract=661183

Paul H. Robinson (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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