Regulatory and Legal Aspects of Penality

19 Pages Posted: 29 Jan 2009 Last revised: 11 Feb 2009

See all articles by Markus D. Dubber

Markus D. Dubber

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

Date Written: January 27, 2009

Abstract

The distinction between regulation and law is a fairly recent manifestation of a broader distinction between two modes of governance, police and law, the roots of which can be traced back to the origins of the conceptualization of governance in ancient Greece in terms of economic heteronomy within the private sphere of the household and political autonomy within the public sphere of the agora. Reframed and deepened in this way, the distinction between regulation and law can play a role in the critical analysis of the state's penal power.

Keywords: regulation, law, legal theory, police, autonomy, heteronomy, criminal law, penal law, punishment

JEL Classification: K14, K30

Suggested Citation

Dubber, Markus D., Regulatory and Legal Aspects of Penality (January 27, 2009). Available at SSRN: https://ssrn.com/abstract=1333970 or http://dx.doi.org/10.2139/ssrn.1333970

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

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

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
Canada

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

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