Criminal Law: A Comparative Approach is a criminal law text written from a comparative
perspective, featuring cases and materials on the central issues in criminal law from two
representative common law and civil law jurisdictions, the United States and Germany.
The idea for this book emerged from several years of searching for a format that allows
teachers and scholars to unlock the potential of comparative analysis. Criminal Law:
A Comparative Approach does not attempt to present an encyclopedic overview of the
world’s criminal law systems.1 It is both narrower and deeper in conception; it presents
a systematic and comprehensive comparative analysis of the substantive criminal law of
two jurisdictions, covering both the fundamental principles of the so-called general part and
a selection of offenses drawn from the so-called special part of criminal law.2
The present book, then, is about criminal law first, and about comparative law second. Its
primary audience is criminal law scholars and teachers interested in a deeper understanding
of their own field, not card carrying comparativists. It presupposes no familiarity with either
U.S. or German criminal law—or with any other criminal law system, for that matter.3 All
foreign-language sources have been translated into English.4 Cases and materials are accompanied
by heavily cross-referenced introductions and notes that place them within the
framework of each country’s criminal law system and highlight issues ripe for comparative
analysis. Throughout, readers are exposed to alternative approaches to familiar problems in
criminal law, and as a result will have a chance to see “their” country’s criminal law doctrine,
on specific issues and in general, from the critical distance of comparative analysis.
The bulk of the materials is drawn from U.S. and German criminal law; materials from
other jurisdictions, common and civil, have been included where appropriate—notably from
Canadian criminal law, which has come to occupy an intermediate position between
common law and civil law approaches in general, and between U.S. and German criminal
law in particular. Of course each reader is free—and, in fact, encouraged—to adapt the text to
her needs, by highlighting and exploring contrasts and comparisons with her domestic
criminal law system.