Foundational Texts in Modern Criminal Law

by Dubber, Markus D

• ISBN13: 9780199673629
• ISBN10: 0199673624
• Edition: Reprint
• Format: Paperback
• Copyright: 2023-12-28
• Publisher: Oxford University Press

Summary

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.

Author Biography

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
1. Hobbes on "Diffidence" and the Criminal Law, Alice Ristroph
2. Beccaria's On Crimes and Punishments:A Mirror on the History of the Foundations of Modern Criminal Law
3. Blackstone's Criminal Law: Common-Law Harmonization and Legislative Reform
4. Foundations of the Legislative Panopticon: Bentham's Principles of Morals and Legislation
5. Dignity, Crime, and Punishment: A Kantian Perspective
6. PJA von Feuerbach and his Textbook of the Common Penal Law
7. The Contraction of Crime in Hegel's Rechtsphilosophie
8. Mill's On Liberty and the Modern "Harm to Others" Principle
9. James Fitzjames Stephen: The Punishment Jurist
10. Pashukanis and Public Protection
11. Radbruch on the Origins of the Criminal Law: Punitive Interventions before Sovereignty
12. The Model Penal Code, Legal Process, and the Alegitimacy of American Penality
13. The Modest Ambition of Glanville Williams
14. The Radical Orthodoxy of Hart's Punishment and Responsibility
15. Criminal Law as an Efficiency-Enhancing Device: The Contribution of Gary Becker
16. Foucault, Criminal Law, and the Governmentalization of the State
17. Nils Christie: "Conflicts as Property"
18. Gunther Jakobs's Feindstrafrecht: A Dispassionate Account
Appendix A. Textbook of the Common Penal Law in Force in Germany
Appendix B. Concerning the Need for a Right Violation in the Concept of a Crime, having particular Regard to the Concept of an Affront to Honour
Appendix C. The Origin of Criminal Law in the Status of the Unfree
Appendix D. On the Theory of Enemy Criminal Law