The Limits of Criminal Law

A Comparative Analysis of Approaches to Legal Theorizing

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book The Limits of Criminal Law by Carl Constantin Lauterwein, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Carl Constantin Lauterwein ISBN: 9781317025351
Publisher: Taylor and Francis Publication: March 3, 2016
Imprint: Routledge Language: English
Author: Carl Constantin Lauterwein
ISBN: 9781317025351
Publisher: Taylor and Francis
Publication: March 3, 2016
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book Mass Atrocity, Collective Memory, and the Law by Carl Constantin Lauterwein
Cover of the book Transcultural Cognitive Behaviour Therapy for Anxiety and Depression by Carl Constantin Lauterwein
Cover of the book Veblen's Century by Carl Constantin Lauterwein
Cover of the book Ties That Blind in Canadian/american Relations by Carl Constantin Lauterwein
Cover of the book Mirabilia Descripta, The Wonders of the East, by Friar Jordanus by Carl Constantin Lauterwein
Cover of the book Interactions between Markedness and Faithfulness Constraints in Vowel Systems by Carl Constantin Lauterwein
Cover of the book Acceptance and Commitment Therapy by Carl Constantin Lauterwein
Cover of the book Faith by Carl Constantin Lauterwein
Cover of the book Reckoning with Colin Rowe by Carl Constantin Lauterwein
Cover of the book Red to Blue by Carl Constantin Lauterwein
Cover of the book Value First then Price by Carl Constantin Lauterwein
Cover of the book Education in the Soviet Union by Carl Constantin Lauterwein
Cover of the book An Anthropological Critique of Development by Carl Constantin Lauterwein
Cover of the book Education Now by Carl Constantin Lauterwein
Cover of the book Austerity and the Third Sector in Greece by Carl Constantin Lauterwein
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy