Legitimating Penal Law
18 Pages Posted: 23 Jul 2007
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: Suggested Citation