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在过去的十八个月里,我们这些从事刑法教学和研究的人曾被要求对一些众所公认的教科书的最新版本进行评论。人们往往说,钻研这门学科的好处之一是有这样多优秀的著作可供选择阅读。然而,可喜的是,这个领域里有了一本新的著作,那便是克里斯·克拉克森和希瑟·基廷的《教科书和资料》,它与众所公认的教科书在以下两个方面采取截然不同的态度,一是对刑法研究的适当范围所持的看法(把传统上分为“刑法”和“刑事司法”两个领域的问題揉合在一起);一是论述的形式(把评论和引自案例、书籍和文章的材料揉合在一起)。本文将考虑与这些重大差别有关的两个问題,并集中考虑这两本书~**对待刑事责任的一般原则的态度。首先,正如本文标題所示,我将考虑这两本书中所论述的关于刑法领域
For the past 18 months, those of us who have been teaching and researching criminal law have been asked to comment on some of the most recent editions of well-recognized textbooks. People tend to say that one of the benefits of studying this discipline is that there are so many excellent books to choose from. However, it is gratifying to note that there is a new book in this area, “Textbooks and Documents” by Chris Clarkson and Heather Keating, which is taken with the widely recognized textbook in the following two areas Quite different attitudes, first, are the views on the proper scope of criminal law research (which traditionally incorporates the two areas of “criminal law” and “criminal justice”); the first is the form of discourse (Combine the comments with the materials cited in the case, books, and articles). This article will consider two issues related to these major differences and will concentrate on the attitude of these two books, ** to the general principles of criminal responsibility. First of all, as the title of this article shows, I will consider the areas discussed in both books on the field of criminal law