Criminal jurisdiction and conceptions of penality in comparative perspective

This article undertakes a critical analysis of the concept of criminal jurisdiction from a comparative and historical perspective, focusing on common criminal law and German criminal law in particular. Despite a recent upsurge of interest in criminal jurisdiction in the international sphere, domestic criminal jurisdiction remains understudied in both legal systems. Turned inward, conceptions of ‘international’ criminal jurisdiction in a given domestic legal system turn out to reflect the tension between competing fundamental conceptions of state penality.