Justice in Criminal Law

Global Perspectives

Edited by Elisa Hoven Edited by Thomas Weigend

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Paperback (Published)

(December 2025)

ISBN: 9783428194490

6.18 x 9.17 inches

Price: $152.00

In stock

What is »justice« in criminal law, and how is it
defined in different jurisdictions worldwide? To answer this question, the editors
presented vignettes of ten »hard cases« in criminal law to jurists from 16
jurisdictions. This volume contains the solutions proposed by these experts,
augmented by Synopses which analyze the national responses. The editors show that
similar ideas of justice in criminal law exist across legal systems, but that
similarities appear in the way jurists argue rather than in the results at which they
arrive.


What does it mean to achieve »justice« in criminal
law? The editors of this volume have approached this question by presenting vignettes
of ten »hard cases« in criminal law to jurists from 16 jurisdictions worldwide,
asking for their assessment. This volume contains the reports written by these
experts. They explain how the laws of their jurisdictions as interpreted by courts
and scholars would resolve each of the ten problems represented in the vignettes. The
responses to each vignette are analyzed in Synopses which describe similarities and
differences between national perspectives and draw conclusions from comparing them.
The findings are summarized in the editors’ Concluding Observations. They suggest
that some general ideas of justice in criminal law are indeed shared across legal
systems, but that they do not necessarily lead to the same outcomes when applied to
specific cases. Similarities appear more in the way judges and scholars argue than in
the results at which they arrive.

I. Introduction (Elisa Hoven and Thomas Weigend)

II. National Reports
Andrew Dyer, Michael Peng, Thomas Crofts and Arlie Loughnan
Australia

Frank Verbruggen and Pieter Van Rooij
Belgium

Carla Sepúlveda Penna
Chile

Zhiwei Tang
China

Sam J Cole, Steven Cammiss and John J Child
England and Wales

Kimmo Nuotio
Finland

Thomas Weigend and Elisa Hoven
Germany

Mordechai Kremnitzer
Israel

Gian Marco Caletti and Paolo Beccari
Italy

Tomoko Utsumi
Japan

Pilisano Masake and Inonge Mainga
Namibia

Johan Boucht
Norway

Alicja Limburska and Konrad Lipiński
Poland

Wing-Cheong Chan
Singapore

Ali Emrah Bozbayındır and Rifat Murat Önok
Turkey

Sara Sun Beale
U.S.A.

III. Synopses
Gian Marco Caletti
Trolley Problem – Killing one Person to Save Many?

Paolo Beccari
Attribution of Death

Mordechai Kremnitzer
Torture to Save a Life

Johan Boucht
Lethal Self-Defence

Ali Emrah Bozbayındır and Rifat Murat Önok
Criminal Responsibility of Subordinates for Systemic Offences

Frank Verbruggen and Pieter van Rooij
Limits of Consent

Alicja Limburska and Konrad Lipiński
Withdrawal from an Attempt

Sara Sun Beale
Criminal Responsibility of Minors

Carla Sepúlveda Penna
Statutes of Limitation

Andrew Dyer
Life Imprisonment without Parole

IV. Concluding Observations (Thomas Weigend)

V. List of Contributors

  • Edited by Elisa Hoven
  • Edited by Thomas Weigend