The Role of Comparative Law in Transnational Criminal Justice

in Justice Without Borders
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The chapter explores the different paths and levels on which domestic and international criminal law may influence each other, what purpose might be served by such a conversation, and which methods are appropriate. In order to study these issues, two different epistemological categories appear useful. As far as the aim is concerned, recourse to foreign law is advisable, and potentially necessary, for two reasons: For the application of domestic or international criminal law in the context of judicial, or for the advancement of national or international law by means of legislative, comparative research. As far as the transnational context is concerned, foreign criminal law may play a role on three different levels: In the mutual dependence between national and foreign law and the administration of criminal justice, in international legal cooperation in criminal matters and, lastly, on the level of supranational criminal justice.

Justice Without Borders

Essays in Honour of Wolfgang Schombourg

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