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Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.

Print Price: $140.00

Format:
Hardback
448 pp.
171 mm x 246 mm

ISBN-13:
9780199673612

Publication date:
September 2014

Imprint: OUP UK


Foundational Texts in Modern Criminal Law

Edited by Markus D. Dubber

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.

Readership : Suitable for scholars and advanced students of criminal law, comparative criminal law, and legal history.

Markus D Dubber: Introduction: Grounding Criminal Law: Foundational Texts in Comparative-Historical Perspective
1. Alice Ristroph: '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: William Blackstone, Commentaries on the Laws of England, Vol. 4 (1769)
4. Guyora Binder: Foundations of the Legislative Panopticon: Bentham's Principles of Morals and Legislation
5. Meir Dan-Cohen: Dignity, Crime, and Punishment
6. Tatjana Hörnle: Paul Johann Anselm von Feuerbach and his Impact on Contemporary Criminal Law
7. Alan Brudner: The Contraction of Crime in Hegel's Rechtsphilosophie
8. Bernard Harcourt: John Stuart Mill, On Liberty (1859)
9. Marc O DeGirolami: The Punishment Jurist
10. Peter Ramsay: Pashukanis and Public Protection
11. Mireille Hildebrandt: 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: Gary Becker and Criminal Law
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: Feindstrafrecht
Appendix:
Feuerbach
Birnbaum
Radbruch
Jakobs

There are no Instructor/Student Resources available at this time.

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).

Making Sense - Margot Northey and Joan McKibbin
Criminal Law - Markus Dubber and Tatjana Hörnle
Philosophical Foundations of Criminal Law - Edited by R.A. Duff and Stuart Green
Principles and Values in Criminal Law and Criminal Justice - Edited by Julian V. Roberts and Lucia Zedner

Special Features

  • Documents the intellectual history of modern criminal law.
  • Describes the historical context of contemporary work on criminal law and its theory.
  • Includes translations of formative texts from PJA Feuerbach, JMF Birnbaum, Gustav Radbruch, and Günther Jakobs, published in English for the first time.