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Radbruch Redux : the need for revisiting the conversation between common and civil law at root level at the example of international criminal justice.

Bohlander, Michael (2011) 'Radbruch Redux : the need for revisiting the conversation between common and civil law at root level at the example of international criminal justice.', Leiden journal of international law., 24 (2). pp. 393-410.

Abstract

International criminal justice is based to a large extent on extrapolations from criminal-law research on domestic systems. The difficult exercise of arriving at a common denominator is exacerbated by the systemic dichotomy of the so-called common-law and civil-law models, which, in turn, have now been joined by a third contender: public international law. Each of these has its own methods of approaching the task of solving legal problems. This paper queries the inter-model conversation that is happening so far and asks the question as to whether it is necessary to hold this discussion at a much more fundamental level than it would seem has been the case so far. It does so at the example of the relationship between German and English and Welsh law, but its concerns and conclusions merit consideration for the entire debate between the systems.

Item Type:Article
Keywords:Civil law, Common law, International criminal justice, Law and linguistics, Radbruch.
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Status:Peer-reviewed
Publisher Web site:http://dx.doi.org/10.1017/S0922156511000070
Publisher statement:© Copyright © Foundation of the Leiden Journal of International Law 2011. This paper has been published by Cambridge University Press in "Leiden journal of international law" (24: 2 (2011) 393-410) http://journals.cambridge.org/action/displayJournal?jid=LJL
Date accepted:No date available
Date deposited:01 June 2012
Date of first online publication:June 2011
Date first made open access:No date available

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