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

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 1, 2018

Abstract

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

Dubber, Markus D., The Dual Penal State: Criminal Law Science and Its Diversions (Pt. 1) (January 1, 2018). The Dual Penal State, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3095347

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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