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The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorizing

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This book compares the civil and common law approach in determining what sort of conduct the State may legitimately make criminal. Situating the study within the Australian and German context, the book contrasts the Australian system with the German model based on ‘Rechtsgutstheorie’. The work narrows the gaps between the starkly different approaches in the common and civil law traditions towards theory thereby increasing our understanding of criminal law theory.