Book Review: Comparative Concepts of Criminal Law
| Date | 01 April 2016 |
| DOI | 10.1177/1023263X1602300211 |
| Published date | 01 April 2016 |
| Author | Albin Eser |
| Subject Matter | Book Review |
23 MJ 2 (2016) 375
BOOK REVIEWS
Johannes Keiler and David Roef (eds.), Comparative Concepts of Criminal Law,
1stedition 2015, 282 pages, 2nd edition 2016, 306 pages, Cambridge-Ant werp-Portland,
Intersentia, ISBN 978–1–78068–290–7 and ISBN 978–1–78068–364–5, €8 5
Comparative Criminal Law seems to be on the rise, at least in terms of standing on
its own feet. is was not always the case. W hen looking into traditional textbooks on
‘comparative law’, it is amazing to see that this d iscipline seems to have been considered
a realm of private law only:1 as if comparison of criminal law was a quantité négligeable
that for whatever reason did not merit any notice. It is a ‘ long neglected discipline’2 not
only due to its disregard in comparative law literature but also in the teach ing of it. In
law school programmes it meant priv ate law and, even if it includes public law, it was not
considered as comprising criminal law.
In recent years, however, this has changed. ‘Comparative criminal law’ is gaining
recognition as a discipl ine of its own, both in research and the classroom. Empha sizing
this development does not mean that t here had not already been numerous transnationa l
comparisons of particular elements of criminal responsibility (such as mental elements
or justi cations) or of spec i c crimes (such as abort ion, corruption or fraud). Nor is this
to ignore certa in theoret ical re ections of criminal law on a comparative basis.3 What
is rather novel, however, are the increasing e orts to analyse comparative criminal law
with regard to its fu nctions and methods i n more general terms and thereby est ablish
it as an own discipline within comparative law. Starting with small monographs4 and
articles in journals and anthologies,5 comparative criminal law not only found a space in
1 As, f or instance, in the classic al Introduction to Comparative Law by Kurt Zweigert/Hein Kötz, which up
to its 2nd edit ion of 19 92 (Ox ford) is total ly foc used o n priva te law, no t even me ntion ing cr imin al law in
the index. Se e K. Zweigert and H. Kötz, Introd uction to Comparative Law (2nd ed ition, OUP, 1992).
2 As it was describ ed by E. Grande, ‘Compa rative crimi nal justice: a long ne glected discipl ine on the rise’,
in M. Bussan i and U. Mattei (eds.), Comparative Law (CUP, 2012), p.191–204.
3 As it was in par ticular demonstr ated by G.P. Fletcher, Rethinking Criminal Law (OUP, 1978).
4 Such as the inaug ural lect ure of H.-H. Jescheck , Entwicklun g, Aufgaben und Met hoden der
Strafrechtsvergleichung (Mohr, 1955).
5 As, for insta nce, A. Eser, ‘ e Importance of Comparat ive Legal Rese arch for the Development of
Criminal Sciences’, in R. Blanpain (ed.), Law in Motion. Inter national Encyclopeadia of L aws, World
Law Conference (Kluwer Law International, 1997), p. 492–517; A. Eser, ‘Fun ktionen, Methoden und
Grenzen der Stra frechtsverg leichung’, in H.-J. Albrec ht et al. (eds.), Intern ational e Perspek tiven in
Kriminologie und Strafrecht. Festschri für Günther Kai ser zum 70. Gebur tstag Vol 2. (Duncker &
Humblot, 1998), p.1499, 1530, www.freidok.un i-freiburg.de/volltext e/9742, p.3–26.
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