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.

Contenu

• Introduction

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

• 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.: Günther 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