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Comparative Criminal Law - Intro

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Krisztina Karsai Dr.

on 6 April 2016

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Transcript of Comparative Criminal Law - Intro

University of Szeged
Comparative Criminal Law
- introduction

Prof. Dr. Krisztina Karsai
X
x
Comparative Law
Museum approach
Political
instrumentalism
Essential elements
1. look beyond the borders
2. comparison between (at least) two systems
3. generally recognised methods
ESER 1997
How to compare?
1. define the problem
2. selection of countries
3. individual country reports
4. comparative cross-section (models)
(5. evaluation)
exotic' peculiarities of a foreign legal system
in order to find support for the political postulations from foreign law
What to compare?
principles
institutions
historical developments
law in action
ETC.
Pitfalls of analysis
Merryman
legal
extension
legal
culture
legal
penetration
legal
actors
legal
procedures
legal
structures
Full transcript