Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law

Dubber, Markus

doi:10.2139/ssrn.1485582

Abstract

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Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law

Markus D. Dubber

University of Toronto - Faculty of Law

October 2, 2009

Abstract:
This paper explores the possibility of a theoretical inquiry into the foundations of criminal law that, straddling the line between philosophical speculation and historical search, aims to facilitate, and in fact to enable, the critical analysis of the practice of punishment as an exercise of the law power (Rechtsmacht) of the state.

Number of Pages in PDF File: 21

Keywords: criminal law, political theory, philosophy of criminal law, history, genealogy

JEL Classification: K14, K30

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Date posted: October 8, 2009

Suggested Citation

Dubber, Markus D., Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law (October 2, 2009). Available at SSRN: http://ssrn.com/abstract=1485582 or http://dx.doi.org/10.2139/ssrn.1485582

Contact Information

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada