The Dual Penal State

Markus Dubber illuminates paradoxes of state power and challenges for the project of liberal criminal law. The book must attract the attention of a wide readership across legal systems and legal traditions. The concept of a dual penal state proves a useful instrument to shed a critical light on historical developments in criminal law and criminal law science, both in Germany and the United States.

Autorentext

Markus D. Dubber is Professor of Law and Director of the Centre for Ethics at the University of Toronto. Much of his scholarship has focused on theoretical, comparative, and historical aspects of criminal law. He has published, as author or editor, over twenty books and more than eighty papers; he has been translated into German, Arabic, Chinese, Italian, Korean, Persian, Portuguese, and Spanish. His publications include The Oxford Handbook of Criminal Law (2014), Criminal Law: A Comparative Approach (2016, with Tatjana Hörnle), Foundational Texts in Modern Criminal Law (2014), and The Police Power (2005)

Klappentext

An accessible introduction to the theoretical frameworks of the dual penal state. Taking an issue-led approach, the study locates criminal law in its analytic, comparative, historical, and doctrinal contexts, and aims to stimulate critical reflection beyond the constraints of a particular jurisdiction.

Inhalt

• Introduction: The Crisis of the Modern Penal State

• PART I CRIMINAL LAW SCIENCE AND ITS DIVERSIONS

• 1: Engaging Scholarship: Criminal Law and the Legitimation of Penal Power

• 2: The Rhetoric of Criminal Law: Sloganism and Other Coping Mechanisms

• PART II THE DUAL PENAL STATE: TOWARD A CRITICAL ANALYSIS OF CRIMINAL LAW

• 3: Law and Police as Modes of Governance

• 4: Penal Law and Penal Police in the Dual Penal State

• PART III AMERICAN PENALITY BETWEEN LAW AND POLICE: A CRITICAL GENEALOGY

• 5: America's Internal Penal Exceptionalism

• 6: Thomas Jefferson's Virginia Criminal Law Bill

• 7: The Model Penal Code and the War on Crime