Foundational Texts in Modern Criminal Law

by Markus D Dubber (Editor)

Overview

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context.

Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Product Details

ISBN-13:	9780199673612
Publisher:	Oxford University Press
Publication date:	10/21/2014
Pages:	448
Product dimensions:	9.80(w) x 6.80(h) x 1.30(d)

About the Author

Markus D Dubber, Professor of Law, University of Toronto

Markus D Dubber is Professor of Law at the University of Toronto. Dubber's scholarship has focused on theoretical, comparative, and historical aspects of criminal law. His publications include Criminal Law: A Comparative Approach (co-authored with Tatjana Hornle) (2014), Handbook of Comparative Criminal Law (co-edited with Kevin Heller) (2010), Modern Histories of Crime and Punishment (co-edited with Lindsay Farmer) (2007), The New Police Science: The Police Power in Domestic and International Governance (co-edited with Mariana Valverde) (2006), The Police Power: Patriarchy and the Foundations of American Government (2005), and Victims in the War on Crime: The Use and Abuse of Victims' Rights (2002).

Table of Contents

Introduction: Grounding Criminal Law: Foundational Texts in Comparative-Historical Perspective, Markus D Dubber1. 'Diffidence' and the Criminal Law, Alice Ristroph2. Beccaria's On Crimes and Punishments: A Mirror on the History of the Foundations of Modern Criminal Law, Bernard E Harcourt3. William Blackstone, Commentaries on the Laws of England, Vol. 4 (1769), Simon Stern4. Foundations of the Legislative Panopticon: Bentham's Principles of Morals and Legislation, Guyora Binder5. Dignity, Crime, and Punishment, Meir Dan-Cohen6. Paul Johann Anselm von Feuerbach and his Impact on Contemporary Criminal Law, Tatjana Hornle7. The Contraction of Crime in Hegel's Rechtsphilosophie, Alan Brudner8. John Stuart Mill, On Liberty (1859), Bernard Harcourt9. The Punishment Jurist, Marc O DeGirolami10. Pashukanis and Public Protection, Peter Ramsay11. Origins of the Criminal Law: Punitive Interventions before Sovereignty, Mireille Hildebrandt12. The Model Penal Code, Legal Process, and the Alegitimacy of American Penality, Markus D Dubber13. The Modest Ambition of Glanville Williams, Lindsay Farmer14. The Radical Orthodoxy of Hart's Punishment and Responsibility, Malcolm Thorburn15. Gary Becker and Criminal Law, Alon Harel16. Foucault, Criminal Law, and the Governmentalization of the State, Pat O'Malley and Mariana Valverde17. Nils Christie: 'Conflicts as Property', Vidar Halvorsen18. Feindstrafrecht, Daniel OhanaAppendixFeuerbachBirnbaumRadbruchJakobs