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portada The Limits of Criminal law
Type
Physical Book
Publisher
Language
English
Pages
160
Format
Paperback
ISBN13
9780367602895
Edition No.
1

The Limits of Criminal law

Carl Constantin Lauterwein (Author) · Routledge · Paperback

The Limits of Criminal law - Carl Constantin Lauterwein

Physical Book

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Synopsis "The Limits of Criminal law"

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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The book is written in English.
The binding of this edition is Paperback.

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