A few months ago, I was attending a university level criminal law class in a Muslim country that recognizes sharia law in the constitution. The class was lively, the students were prepared, and it was incredibly enjoyable listening to these students chew through topics like the presumption of innocence and burden of proof. At one point, during a discussion of the country’s penal code, a student raised his hand and asked why drinking alcohol was against the law in that country, when it was not criminalized in America. “How can one act be a crime in one country, and not in another?” The teacher, probably not willing to be waylaid by a philosophical discussion of “what is crime” punted the question and briefly talked about sharia before moving on. I think it’s too bad that the teacher didn’t delve into the question of “what is crime” because approached from a comparative law standpoint, it is pretty fascinating. Read the rest of this entry »






