Foundational Texts in Modern Criminal Law

Auteur
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 Hörnle, 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).

Texte du rabat

This volume contributes to the emergence of a transnational canon of criminal law by critically engaging with formative texts in criminal legal thought since Hobbes.

Résumé
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.

Contenu

• Introduction. Grounding Criminal Law: Foundational Texts in Comparative-Historical Perspective

• 1.: Alice Ristroph: Hobbes on "Diffidence" and the Criminal Law

• 2.: Bernard E Harcourt: Beccaria's On Crimes and Punishments:A Mirror on the History of the Foundations of Modern Criminal Law

• 3.: Simon Stern: Blackstone's Criminal Law: Common-Law Harmonization and Legislative Reform

• 4.: Guyora Binder: Foundations of the Legislative Panopticon: Bentham's Principles of Morals and Legislation

• 5.: Meir Dan-Cohen: Dignity, Crime, and Punishment: A Kantian Perspective

• 6.: Tatjana Hörnle: PJA von Feuerbach and his Textbook of the Common Penal Law

• 7.: Alan Brudner: The Contraction of Crime in Hegel's Rechtsphilosophie

• 8.: Bernard E Harcourt: Mill's On Liberty and the Modern "Harm to Others" Principle

• 9.: Marc O DeGirolami: James Fitzjames Stephen: The Punishment Jurist

• 10.: Peter Ramsay: Pashukanis and Public Protection

• 11.: Mireille Hildebrandt: Radbruch on the Origins of the Criminal Law: Punitive Interventions before Sovereignty

• 12.: Markus D Dubber: The Model Penal Code, Legal Process, and the Alegitimacy of American Penality

• 13.: Lindsay Farmer: The Modest Ambition of Glanville Williams

• 14.: Malcolm Thorburn: The Radical Orthodoxy of Hart's Punishment and Responsibility

• 15.: Alon Harel: Criminal Law as an Efficiency-Enhancing Device: The Contribution of Gary Becker

• 16.: Pat O'Malley and Mariana Valverde: Foucault, Criminal Law, and the Governmentalization of the State

• 17.: Vidar Halvorsen: Nils Christie: "Conflicts as Property"

• 18.: Daniel Ohana: Günther Jakobs's Feindstrafrecht: A Dispassionate Account

• Appendix A.: Paul Johann Anselm Feuerbach: Textbook of the Common Penal Law in Force in Germany

• Appendix B.: Johann Michael Franz Birnbaum: 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.: Gustav Radbruch: The Origin of Criminal Law in the Status of the Unfree

• Appendix D.: Günther Jakobs: On the Theory of Enemy Criminal Law