Legitimating Penal Law

18 Pages Posted: 23 Jul 2007

See all articles by Markus D. Dubber

Markus D. Dubber

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics


George Fletcher, in The Grammar of Criminal Law, sets out a global theory of criminal law, moving from comparative analysis of certain domestic criminal law systems to a comprehensive theory of international criminal law. Markus Dubber, in this paper, pursues a related, but rather more modest, aim: to outline the basic structure of a political theory of American criminal law, that is, of a theory of American criminal law as a form of state action subject to the principles of political legitimacy ordinarily thought to govern such action.

Keywords: criminal law, legal theory, political theory, police, law

JEL Classification: K14, K30, K33

Suggested Citation

Dubber, Markus D., Legitimating Penal Law. Buffalo Legal Studies Research Paper No. 2007-009, Cardozo Law Review, Vol. 28, pp. 2597-2612, 2007, Available at SSRN: https://ssrn.com/abstract=1001938

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

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

HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

University of Toronto - Centre for Ethics ( email )

6 Hoskin Avenue
Toronto, Ontario M5S 1H8

HOME PAGE: http://ethics.utoronto.ca

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