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A Modern Treatise on the Principle of Legality in Criminal LawThe Meaning and Structure of the Principle of Legality in Criminal Law

A Modern Treatise on the Principle of Legality in Criminal Law: The Meaning and Structure of the... [Criminal law is part of the scientific sphere called “law,” or the legal science. Therefore, criminal law is a scientific sphere. In the past, in the Anglo-American legal systems, there was a conceptual difficulty in classifying law as a science because of its development through case-laws, which made use of the praxis of binding precedents (stare decisis). This attitude matched the general scientific development in Anglo-American countries, which was casuistic. By contrast, the European-Continental legal systems considered law to be a science, and therefore in Europe it was necessary to study at the university to become a jurist. In the first university in Europe, the University of Bologna, law was one of the scientific subjects being studied. The Faculty of Law of Bologna played a crucial role in the development of law in the Middle Ages (jus commune).] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Modern Treatise on the Principle of Legality in Criminal LawThe Meaning and Structure of the Principle of Legality in Criminal Law

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Publisher
Springer Berlin Heidelberg
Copyright
© Springer-Verlag Berlin Heidelberg 2010
ISBN
978-3-642-13713-6
Pages
1 –14
DOI
10.1007/978-3-642-13714-3_1
Publisher site
See Chapter on Publisher Site

Abstract

[Criminal law is part of the scientific sphere called “law,” or the legal science. Therefore, criminal law is a scientific sphere. In the past, in the Anglo-American legal systems, there was a conceptual difficulty in classifying law as a science because of its development through case-laws, which made use of the praxis of binding precedents (stare decisis). This attitude matched the general scientific development in Anglo-American countries, which was casuistic. By contrast, the European-Continental legal systems considered law to be a science, and therefore in Europe it was necessary to study at the university to become a jurist. In the first university in Europe, the University of Bologna, law was one of the scientific subjects being studied. The Faculty of Law of Bologna played a crucial role in the development of law in the Middle Ages (jus commune).]

Published: Aug 13, 2010

Keywords: Supra Note; Free Choice; Criminal Code; United States Constitution; Criminal Liability

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