(Source: OUP)
Oxford
University Press has published a new book which deals with several aspects of
the history of penal law.
ABOUT THE BOOK
The Dual Penal
State addresses one of today's most pressing social and political issues: the
rampant, at best haphazard, and ever-expanding use of penal power by states
ostensibly committed to the enlightenment-based legal-political project of
Western liberal democracy. Penal regimes in these states operate in a wide
field of ill-considered and barely constrained violence where radical and
prolonged interference with citizens, upon whose autonomy the legitimacy of
state power supposedly rests, has been utterly normalized. At its heart, the
crisis of modern penality is a crisis of the liberal project itself and the
penal paradox is the sharpest formulation of the general paradox of power in a
liberal state: the legitimacy of state sovereignty in the name of personal
autonomy.
To capture the
depth and range of the crisis of contemporary penality in ostensibly liberal
states the book adopts a fresh approach. It uses historical and comparative
analysis to reveal the fundamental distinction between two conceptions of penal
power - penal law and penal police - that runs through Western legal-political
history: one rooted in autonomy, equality, and interpersonal respect, and the
other in heteronomy, hierarchy, and patriarchal power. This dual penal state
analysis illuminates how the law/police distinction manifests itself in various
penal systems, from the American war on crime to the ahistorical methods of German
criminal law science.
ABOUT THE AUTHOR
Markus D.
Dubber, Professor of Law, University of Toronto
Markus D. Dubber
is Professor of Law and Director of the Centre for Ethics at the University of
Toronto. Much of Markus's scholarship has focused on theoretical, comparative,
and historical aspects of criminal law. He has published, as author or editor,
over twenty books and eighty papers; his work has appeared in English and
German, and has been translated into Arabic, Chinese, Italian, Korean, Persian,
Portuguese, and Spanish.
TABLE OF CONTENTS
Introduction:
The Crisis of the Modern Penal State
PART I CRIMINAL
LAW SCIENCE AND ITS DIVERSIONS
1: Engaging
Scholarship: Criminal Law and the Legitimation of Penal Power
2: The Rhetoric
of Criminal Law: Sloganism and Other Coping Mechanisms
PART II THE DUAL
PENAL STATE: TOWARD A CRITICAL ANALYSIS OF CRIMINAL LAW
3: Law and
Police as Modes of Governance
4: Penal Law and
Penal Police in the Dual Penal State
PART III
AMERICAN PENALITY BETWEEN LAW AND POLICE: A CRITICAL GENEALOGY
5: America's
Internal Penal Exceptionalism
6: Thomas
Jefferson's Virginia Criminal Law Bill
7: The Model
Penal Code and the War on Crime
More information
here
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