The Limits of Criminal Law

The Limits of Criminal Law explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law.
Matthew Dyson, Benjamin Vogel
book | published | 1st edition
October 2018 | xxxii + 598 pp.


€72.80 €104.-

ISBN 9781780686615



ISBN 9781780687988

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'An interesting and original contribution to comparative criminal law scholarship […] This book is a valuable addition to this important new body of scholarship.' -- Andrew Cornford, The Edinburgh Law Review, 2020.

The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law’s normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terrorism and intelligence law.

The volume carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and key comparative lessons. Each country offers insights beyond their own laws. This double perspective sharpens readers’ critical understanding of the criminal law, and at the same time produces insights that go beyond the perspective of one legal tradition.

The book does not promote a single normative view of the limits of criminal law, but builds a detailed picture of the limits that exist now and why they exist now. This evidence-led approach is particularly important in an ever more interconnected world in which different perceptions of criminal law can lead to profound misunderstandings between countries. The Limits of Criminal Law builds picture of what shapes the criminal law, where those limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. Some of the most interesting insights come out of the comparison between German systematic approach and doctrinal limits with English law’s focus on process and judgment on individual questions.

Matthew Dyson is an Associate Professor in the Faculty of Law, University of Oxford. He is an associate member of 6KBW College Hill Chambers, a Research Fellow of the Utrecht Centre for Accountability and Liability Law and Vice President of the European Society for Comparative Legal History.

Benjamin Vogel is Senior Research Fellow at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany. He is Assistant Editor of the Foreign Review of the Zeitschrift für die gesamte Straf-rechtswissenschaft.

Table of Contents

Table of contents and preliminary pages (p. 0)

Matthew Dyson, Benjamin Vogel

Chapter 1. Introduction (p. 1)

Matthew Dyson, Benjamin Vogel

Part I. Core Principles of Criminal Law

Chapter 2. Core Principles of English Criminal Law (p. 7)

Chapter 3. The Core Legal Concepts and Principles Defining Criminal Law in Germany (p. 39)

Chapter 4. Core Principles Compared (p. 71)

Part II. Crime and Tort

Chapter 5. Overlap, Separation and Hybridity Across Crime and Tort (p. 77)

Chapter 6. Propria and Boundaries of Crime and Tort (p. 107)

Chapter 7. Crime and Tort Compared (p. 141)

Part III. Crime and Medical

Chapter 8. Medicine and the Criminal Law in England and Wales (p. 147)

Chapter 9. Medicine and the Limits of Criminal Law in Germany (p. 173)

Chapter 10. Crime and Medical Compared (p. 195)

Part IV. Crime and Regulation

Chapter 11. Criminal Law in England and Wales (p. 205)

Chapter 12. Criminal Law as a Regulatory Tool (p. 235)

Chapter 13. Crime and Regulation Compared (p. 263)

Part V. Administrative Sanctions

Chapter 14. The Role of Administrative Sanctions in Criminal Law (p. 271)

Chapter 15. Administrative Sanction Law in Germany (p. 301)

Chapter 16. Administrative Sanctions Compared (p. 333)

Part VI. Alternative Enforcement

Chapter 17. State Responses to Criminal Offences in England and Wales and the Problem of Equality (p. 343)

Chapter 18. Alternative Enforcement Mechanisms in Germany (p. 365)

Chapter 19. Alternative Enforcement Compared (p. 397)

Part VII. Counter-Terrorism

Chapter 20. Countering Terrorism at the Limits of Criminal Liability in England and Wales (p. 405)

Chapter 21. Countering Terrorism at the Limits of Criminal Liability in Germany (p. 435)

Chapter 22. Counter-Terrorism Compared (p. 467)

Part VIII. Crime and Intelligence

Chapter 23. Intelligence and the Criminal Law in England and Wales (p. 477)

Chapter 24. Intelligence and Crime Control in the Security Law of Germany (p. 507)

Chapter 25. Crime and Intelligence Compared (p. 539)

Part IX. Conclusion

Chapter 26. Reflections on Criminal Law in England and Germany (p. 549)