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The Police Power
Mariana Valverde, University of Toronto, author of Law's Dream of a Common Knowledge.
The Sense of Justice
In The Sense of Justice, distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the “sense of justice”: an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied to all. Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy—the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.
Foundational Texts in Modern Criminal Law
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.
The Dual Penal State
In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled puni...
Victims in the War on Crime
The first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime.
An Introduction to the Model Penal Code
In the second edition of his introductory overview of the Model Penal Code (now titled 'An Introduction to the Model Penal Code'), Markus Dubber retains the book's original aim, approach, and structure as a companion to the Code. Reflecting the Code's attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code's potential as a key to American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law.
Modern Histories of Crime and Punishment
This is a collection of essays critically examining the historical development of the modern criminal law.
Criminal Law
The Model Penal Code has been called the principal text in criminal law teaching. It is an ambitious, and influential, attempt to work out the principles of American criminal law in a systematic way. By highlighting the Code's conceptual structure, this study aid helps students to navigate the Code's complex provisions and helps teachers unlock its full pedagogic potential, one all too easily obscured by a fragmented discussion of Code sections dealing with a variety of topics. The appendix includes the text of the Model Penal Code, parts I & II.
The Oxford Handbook of Criminal Law
This book deals with various aspects of criminal law, including its relationship to a wide range of disciplines such as philosophy, sociology, and technology. It first considers a range of approaches and methods used in the analysis of criminal law, including economics, feminist studies, critical race theory, criminology, history, and literature. It then traces the origins of modern criminal law to medieval canon law and examines indigenous legal traditions before discussing the collapse of pre-modern criminal justice and the transition to modernity. The book also reviews the general principles of criminal liability; topics covered include constitutional criminal law, actus reus, mens rea, corporate criminal liability, consent, self-defense, necessity, duress, insanity and intoxication, as well as jurisdiction and sentencing. Different types of crimes are analyzed, including public welfare offenses, inchoate crimes, offenses against the person and against sexual autonomy, property offenses, drug offenses, regulatory offenses, and terrorism. Throughout, the book takes a broadly comparative and contextual approach that regards criminal law as a global discipline.
Criminal Law
"A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.
