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

21 Pages Posted: 8 Oct 2009  

Markus D. Dubber

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

Date Written: 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.

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

JEL Classification: K14, K30

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

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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