eBook - ePub

The Limits of Criminal Law

Name: The Limits of Criminal Law
ISBN: 9781317025351

A Comparative Analysis of Approaches to Legal Theorizing

Carl Constantin Lauterwein,

158 pages
English
ePUB (mobile friendly)
Available on iOS & Android

eBook - ePub

The Limits of Criminal Law

A Comparative Analysis of Approaches to Legal Theorizing

Carl Constantin Lauterwein,

About this book

This book compares the civil and common law approach to analyze the question - 'What sorts of conduct may the state legitimately make criminal?'. Through a comparative focus on an Australian and German context, this book utilizes interviews with Australian criminal law experts and contrasts them with the German model based on 'Rechtsgutstheorie'. By comparing the largely descriptive, criminology-based Australian approach with the more sophisticated German legal theory model the author finds the Australian approach to be suffering from a 'normative flaw', illustrated by the distinction of different approaches to the offences of incest, bestiality and possession of illicit drugs. Carl Constantin Lauterwein discovers that while there is strength in the common law approach of describing the possible reasons for criminalizing certain conduct, the approach could be significantly improved by scrutinizing the legitimacy of those reasons.

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Yes, you can access The Limits of Criminal Law by Carl Constantin Lauterwein in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.