Paradigms of Penal Law

Oxford Handbook of Criminal Law (Dubber & Hörnle eds., 2014)

18 Pages Posted: 6 Jan 2014 Last revised: 22 May 2014

See all articles by Markus D. Dubber

Markus D. Dubber

University of Toronto - Faculty of Law

Date Written: January 6, 2014

Abstract

Placing law in context makes its critical analysis possible, by elucidating the cluster of norms, practices, and institutions under investigation (thereby facilitating analysis) and by taking up vantage points from which the newly illuminated object of inquiry can be assessed (in this way making critique possible). This paper contextualizes criminal law, not through doctrinal comparison or by adjusting one’s disciplinary point of view, but by locating it within the conception and actuality of state power, thereby facilitating its critical analysis as an exercise of the state’s penal power, i.e., as state penal action.

Keywords: criminal law, criminal law theory, criminal law history, comparative criminal law, political theory, police power

JEL Classification: K14

Suggested Citation

Dubber, Markus D., Paradigms of Penal Law (January 6, 2014). Oxford Handbook of Criminal Law (Dubber & Hörnle eds., 2014), Available at SSRN: https://ssrn.com/abstract=2375250 or http://dx.doi.org/10.2139/ssrn.2375250

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

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
211
Abstract Views
1,323
Rank
261,711
PlumX Metrics