Markus D. Dubber (University of Toronto - Faculty of Law) has posted The Legality Principle in American and German Criminal Law: An Essay in Comparative Legal History on SSRN. Here is the abstract:
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After briefly recounting the (non-) history of the principle of legality (nullum crimen sine lege) in American criminal law, this paper explores the potential of comparative legal history as a tool of critical analysis of law, by outlining a cross-temporal and -systemic analysis of the legality principle, using German criminal law as a point of comparison.
