In this seminar, we will trace the link between criminal law and culture by comparing both substance and procedure in different legal sytems. Comparison will be carried out on three different levels:
1. (American) State vs. State
e.g. How States differ (past and present) on the duty to retreat in self-defense, depending on different concepts of honor, dignity, home and family
2. Anglo-American vs. European ( France, Germany)
e.g. How legal families differ on the concept of ?criminal trial?, depending on different concepts of state, authority, bureaucracy and individuality.
3. ?Domestic? vs. International.
e.g. How newly-developed international criminal law (Mainly Rome Statute of the ICC) chooses between different approaches to commander?s responsibility and obedience to superior orders.
Course materials are composed of different sources (e.g. Damaska, Fletcher, Kadish, Cassese). Students will be required to submit three short papers on course subjects of their choice. Prior knowledge of criminal law is recommended but not required.
Professor Shachar