On the Methodology of Comparative Criminal Law Research
Dr. Emmanouil Billis, Max Planck Institute
Comparative legal research aims at identifying modern trends in, and searching for convergences and divergences between, more than one legal systems. Any meaningful implementation of elements of foreign legal systems at national level and the smooth realization of the objectives of international and supranational justice presuppose a reciprocal understanding between legal orders of different traditions in terms of their normative foundations. This lecture focuses on methodological questions of basic comparative research in the field of criminal justice. It first addresses the general problem of defining the aims and methods of a (comparative) research project. Subsequently, the lecturer explores the research method of functional comparison, illustrated by Max Planck Institute’s flagship comparative project on the general part of the substantive criminal law (International Max Planck Information System for Comparative Criminal Law, www.infocrim.org). The lecture concludes with an introduction to the construction and application of ideal types for purposes of analysis and comparison, using the examples of criminal prosecution and procedure.
Dr. Emmanouil Billis, Master of Laws, LL.M., completed his studies in law at the Democritus University of Thrace in 2005 and earned a master’s degree in criminal procedure at the University of Athens in 2008. He was awarded an LL.M. from the University of Bonn in 2010 for a thesis on issues of European criminal procedure and human rights law and was granted a doctorate from the University of Freiburg in 2014 for a comparative legal dissertation on the role of the judge in adversarial and inquisitorial evidentiary proceedings (Die Rolle des Richters im adversatorischen und im inquisitorischen Beweisverfahren, 2015, Duncker & Humblot). A former member of the International Max Planck Research School for Comparative Criminal Law, he was the recipient of an Alexander S. Onassis Foundation Scholarship. Dr. Billis, a qualified lawyer in Athens since 2007, has been a senior researcher at the Max Planck Institute for Foreign and International Criminal Law since 2010. Contact: firstname.lastname@example.org https://www.mpicc.de/en/home/billis.html