21 Pages Posted: 8 Oct 2009
Date Written: October 2, 2009
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.
Keywords: criminal law, political theory, philosophy of criminal law, history, genealogy
JEL Classification: K14, K30
Suggested Citation: 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: https://ssrn.com/abstract=1485582 or http://dx.doi.org/10.2139/ssrn.1485582