The Limits of Criminal Law - A Comparative Analysis of Approaches to Legal Theorizing (Hardcover, New edition)

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.

General

Imprint:	Ashgate Publishing Limited
Country of origin:	United Kingdom
Release date:	March 2010
First published:	2010
Authors:	Carl Constantin Lauterwein
Dimensions:	234 x 156 x 21mm (L x W x T)
Format:	Hardcover
Pages:	158
Edition:	New edition
ISBN-13:	978-0-7546-7946-2
Categories:	Books > Law > Jurisprudence & general issues > General Books > Law > Laws of other jurisdictions & general law > Criminal law
LSN:	0-7546-7946-2
Barcode:	9780754679462

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