Homicide Law in Comparative Perspective

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Homicide Law in Comparative Perspective

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A number of jurisdictions world-wide have changed or are considering changing their homicide laws. Important changes have now been recommended for England and Wales, and these changes are an important focus in the book, which brings together leading experts from jurisdictions across the globe (England and Wales; France; Germany; Scotland; Australia; The United States of America; Canada; Singapore and Malaysia) to examine key aspects of the law of homicide.

Key areas examined include the structure of the law of homicide and the meaning of fault elements. For example, the definition of murder, or its equivalent, is very different in France and Germany from the definition used in England and Wales. French law, like the law in a number of American states, ties the definition of murder to the presence or absence of premeditation, unlike the law in England and Wales.

Unlike most other jurisdictions, German law makes the killer's motive, such as a sadistic sexual motive, relevant to whether or not he or she committed the worst kind of homicide. England and Wales is in a minority of English-speaking jurisdictions in that it does not employ the concept of 'wicked' recklessness, or of extreme indifference, as a fault element in homicide.

Understanding these often subtle differences between the approaches of different jurisdictions to the definition of homicide is an essential aspect of the law reform process, and of legal study and scholarship in the criminal law. Every jurisdiction tries to learn from the experience of others, and this book seeks to make a contribution to that process, as well as providing a lively and informative resource for scholars and students."

Jeremy Horder is Professor of Criminal Law at the University of Oxford, Porjes Foundation Fellow and Tutor in Law, Worcester College, Oxford, Chairman of the Faculty of Law, University of Oxford, 1998-2000 and currently Law Commissioner for England and Wales, 2005-.

…essential reading for anyone interested in the Law Commission Report and the future of homicide within the Criminal Justice System…a thought-provoking and timely dossier of essays which not only illuminate the reasoning for reform in England and Wales but also illustrate the differences between our own jurisdiction and others…
JC
Criminal Bar Quarterly
Issue 2, April 2008

[Horders] discussion of his preferred option of separate pieces of legislation within different “domains” is an accessible and pithy piece of policy to be commended to all those working, studying and thinking about the regulation and punishment of culpable killings...a valuable work, especially for law reformers and policy makers.
Elisabeth McDonald
New Zealand Law Journal
August 2008

...a very readable, interesting tour of the law of murder in various jurisdictions and a useful yardstick by which to measure English law reform.
The Criminal Lawyer
Issue 185, September 2008

...this text provides interesting comparative analysis of homicide law in different jurisdictions by a group of scholars working in locations around the world...This book should be of particular interest to anyone involved in making legal policy decisions related to homicide law in any jurisdiction around the world. It should also be of interest to students and scholars of homicide law of any of the particular jurisdictions discussed in the book, as well as for those interested in comparative analysis of different legal systems.
Curtis Fogel
Internet Law Book Reviews
October 2008

...a page-turner for anybody who is interested in modern development and reform processes of homicide offenses worldwide...At the end of the book the reader is left with a broad overview of many different legal systems all over the world and their approach to homicide offenses...the book can be highly recommended to anybody working or conducting research in the field of the modern development of homicide offenses.
Dr. Lutz Eidam
New Criminal Law Review
Vol. 12, No. 2, Spring 2009