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The Limits of Criminal Law - A Comparative Analysis of Approaches to Legal Theorizing (Paperback)
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The Limits of Criminal Law - A Comparative Analysis of Approaches to Legal Theorizing (Paperback)
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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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