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This book provides 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.
List of contents
- 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
About the author
Markus D. Dubber is Professor of Law and Director of the Centre for Ethics at the University of Toronto. Much of Markus's scholarship has focused on theoretical, comparative, and historical aspects of criminal law. He has published, as author or editor, over twenty books as well as over eighty papers ; his work has appeared in English and German, and has been translated into Arabic, Chinese, Italian, Korean, Persian, Portuguese and Spanish. His publications include The Oxford Handbook of Criminal Law (with Christopher Tomlins) (2018); Criminal Law: A Comparative Approach (with Tatjana Hörnle) (2014); The Oxford Handbook of Criminal Law (with Tatjana Hörnle) (2014); Foundational Texts in Modern Criminal Law (2014); The New Police Science: The Police Power in Domestic and International Governance (with Maria Valverde) (2006); The Police Power: Patriarchy and the Foundations of American Government (2005); and Victims in the War on Crime (2002).
Summary
This book provides 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.
Additional text
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.
