Non-Fiction Books:

The Limits of Criminal Law

A Comparative Analysis of Approaches to Legal Theorizing

Format

Hardback

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The Limits of Criminal Law by Carl Constantin Lauterwein
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Description

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.

Author Biography

Carl Constantin Lauterwein, Doctoral Candidate, Faculty of Law, Ludwig-Maximilians-University Munich, Germany.
Release date Australia
March 28th, 2010
Country of Publication
United Kingdom
Imprint
Ashgate Publishing Limited
Pages
158
Dimensions
156x234x11
ISBN-13
9780754679462
Product ID
3922065

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