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The Dual Penal State – The Crisis of Criminal Law in Comparative-Historical Perspective - Oxford Scholarship Online
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The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective

Markus D. Dubber

Abstract

Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective 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 little constrained violence, where radical and prolonged interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest has been utte ... More

Keywords: criminal law, punishment, state power, police power, rule of law, patriarchy, war on crime, Black Lives Matter, overcriminalization, mass incarceration

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198744290
Published to Oxford Scholarship Online: November 2018 DOI:10.1093/oso/9780198744290.001.0001

Authors

Affiliations are at time of print publication.

Markus D. Dubber, author
Professor of Law, University of Toronto

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Contents

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Part I Criminal Law Science and Its Diversions

Part II The Dual Penal State: Toward a Critical Analysis of Criminal Law

Part III American Penality Between Law and Police: A Critical Genealogy

End Matter