The Dual Penal State: Criminal Law Science and Its Diversions (Pt. 1)
The Dual Penal State, Forthcoming
93 Pages Posted: 8 Jan 2018 Last revised: 17 Aug 2018
Date Written: January 1, 2018
This book is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book investigates various ways in which criminal law doctrine and scholarship have managed not to meet this continuing struggle to legitimate state action that is so patently illegitimate on its face: the violent violation of the very autonomy of the very persons upon whose autonomy the legitimacy of the state is supposed to rest in a law state, or state under the rule of law. Part 1 focuses primarily on German criminal law, and German criminal law science, with regular comparative glances from outside the German penal system.
Keywords: criminal law, law, police, critical analysis of law, dual penal state
JEL Classification: K14
Suggested Citation: Suggested Citation