Criminal law is commonly seen as one of the defining features of State power, with doctrines meant to justify and legitimise punishment and be intelligible to citizens. Through the lens of comparative law we can differentiate doctrines and their reasoning as well as the values of legal actors and the wider society that they inhabit. In short, this course will engage with criminal law theory, doctrine and practice from common law and civilian legal systems, to better understand the role of criminal law in modern societies. The course does not have formal prerequisites, although having studied criminal law would make it a lot simpler to start out on.
The jurisdictions covered are focused on England and Wales, France, and Germany, as counterpoints to criminal law in New Zealand. No foreign languages are required, as the relevant materials are made available in English. The course includes an introduction to comparative law methods and techniques, which will be of value beyond these jurisdictions and the specific subject matter of criminal law.
The course begins by considering the general part of criminal law, the general principles underpinning and running through the individual offences making up the special part. Examples include the construction of criminal liability, the drafting and formulation of offences and defences, fault concepts and strict liability, and complicity. It also consider individual offences such as homicide offences and sexual offences. Finally, it explores the outer limits of criminal law, compared to other areas of law, like tort law, regulatory rules, and public law.
The course considers how morality, principles, values and doctrine are weighed and embedded in different legal systems, and the roles of different legal actors in bringing into force the criminal law.
Topics may include: • Comparative law methods • Construction of criminal liability; • Drafting and formulation of offences and defences; • Fault concepts (including intention, recklessness, negligence, and strict liability) • Participation and complicity • Homicide • Sexual offences