Foundational Texts in Modern Criminal LawMarkus Dirk 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. |
Contents
Notes on Contributors | 1 |
1 Hobbes on Diffidence and the Criminal Law | 23 |
A Mirror on the History of the
Foundations of Modern Criminal Law | 39 |
CommonLaw Harmonization and
Legislative Reform | 61 |
Benthams
Principles of Morals and Legislation | 79 |
A Kantian Perspective | 101 |
6 PJA von Feuerbach and his Textbook of the Common Penal Law | 119 |
7 The Contraction of Crime in Hegels Rechtsphilosophie | 141 |
13 The Modest Ambition of Glanville Williams | 263 |
14 The Radical Orthodoxy of Harts Punishment and Responsibility | 279 |
The
Contribution of Gary Becker | 297 |
16 Foucault Criminal Law and the Governmentalization of the State | 317 |
Conflicts as Property | 335 |
A Dispassionate Account | 353 |
Appendix A Textbook of the Common Penal Law in Force in Germany | 373 |
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 | 389 |
8 Mills On Liberty and the Modern Harm to Others Principle | 163 |
The Punishment Jurist | 183 |
10 Pashukanis and Public Protection | 199 |
Punitive Interventions
before Sovereignty | 219 |
12 The Model Penal Code Legal Process and the Alegitimacy of
American Penality | 239 |
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action analysis argued argument Beccaria Becker behavior Bentham Blackstone Blackstone’s citizens claim codification coercion Commentaries committed common law concept conduct contrast Crim Crimes and Punishments Criminal Code criminal justice criminal law criminology critical critique deterrence Discipline and Punish discussion doctrine economic enemy criminal law essay expected Feuerbach Foucault freedom German criminal law harm principle Hart Hart’s Hegel Hobbes Hobbes’s human idea individual institutions Jakobs’s James Fitzjames Stephen Kant Kant’s law’s legislation liberal liberty mens rea ment Mill Mill’s Model Penal Code modern moral nature norms offenses particular Pashukanis Pashukanis’s penal law person philosophy police political prevent probability of detection prohibition protection question Radbruch rational reason reform retributivism right violation rule sanction sense sentencing social social contract society sovereign state’s statute Stephen Stephen n Textbook theory tion treatise utilitarian utility victim Wechsler wrong wrongdoing