The Police Power

Informationen zum Autor Markus Dirk Dubber Klappentext Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens.Dubber explores the roots of the power to police -- the most expansive and least limitable of governmental powers -- by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power! including the inability to accurately define it! reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic. Zusammenfassung This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police-the most expansive and least limitable of governmental powers-by focusing on its most obvious and problematic manifestation: criminal law. Inhaltsverzeichnis Introduction: "[T]he power to govern men and things"Part I. From Household Governance to Political Economy1. Police as Patria PotestasPolitics and Economics in Athens and RomeThe Medieval HouseholdPetit Treason2. Blackstone's PoliceVagrants and Other Disorderly PersonsOffenses Against "the Public Police and Economy"Police in Colonial America3. Continental Police ScienceThe Science of the Police StatePolicing PopulationsPolice and CrimePart II. American Police Power4. Policing the New RepublicPolice in American Courts of Law5. Definition by ExclusionThing Police: Not TakingPeople Police: Not Punishment6. Police Power and Commerce PowerPolice Offenses and Public Welfare OffensesPart III. Police! Law! Criminal Law7. The Forgotten Power and the Problem of LegitimationPolice and Punishment8. The Law of Police: Internal and External ConstraintsGood Police: Prudence and FitnessRight Police: Legitimacy9. Lochner's Law and Substantive Due Process Lochner and State Criminal LawConclusion: Toward a Critical Analysis of Police and Punishment ...

Auteur

Markus Dirk Dubber

Texte du rabat

Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens.

Dubber explores the roots of the power to police -- the most expansive and least limitable of governmental powers -- by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.

Résumé
This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police-the most expansive and least limitable of governmental powers-by focusing on its most obvious and problematic manifestation: criminal law.

Contenu

Introduction: "[T]he power to govern men and things" Part I. From Household Governance to Political Economy 1. Police as Patria Potestas Politics and Economics in Athens and Rome The Medieval Household Petit Treason 2. Blackstone's Police Vagrants and Other Disorderly Persons Offenses Against "the Public Police and Economy" Police in Colonial America 3. Continental Police Science The Science of the Police State Policing Populations Police and Crime Part II. American Police Power 4. Policing the New Republic Police in American Courts of Law 5. Definition by Exclusion Thing Police: Not Taking People Police: Not Punishment 6. Police Power and Commerce Power Police Offenses and Public Welfare Offenses Part III. Police, Law, Criminal Law 7. The Forgotten Power and the Problem of Legitimation Police and Punishment 8. The Law of Police: Internal and External Constraints Good Police: Prudence and Fitness Right Police: Legitimacy 9. Lochner's Law and Substantive Due Process Lochner and State Criminal Law Conclusion: Toward a Critical Analysis of Police and Punishment