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Vol 21 No 11 Nov/Dec 2016

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Foundational Texts in Modern Criminal Law: Contemporary Readings of Classic Texts

Edited by: Markus D. Dubber

ISBN13: 9780199673612
Published: August 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £75.00



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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context.

Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law.

The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Subjects:
Criminal Law
Contents:
Introduction: Grounding Criminal Law: Foundational Texts in Comparative-Historical Perspective
1. 'Diffidence' and the Criminal Law
2. Beccaria's On Crimes and Punishments: A Mirror on the History of the Foundations of Modern Criminal Law
3. William Blackstone, Commentaries on the Laws of England, Vol.
4 (1769)
4. Foundations of the Legislative Panopticon: Bentham's Principles of Morals and Legislation
5. Dignity, Crime, and Punishment
6. Paul Johann Anselm von Feuerbach and his Impact on Contemporary Criminal Law
7. The Contraction of Crime in Hegel's Rechtsphilosophie
8. John Stuart Mill, On Liberty (1859)
9. The Punishment Jurist
10. Pashukanis and Public Protection
11. Origins of the Criminal Law: Punitive Interventions before Sovereignty
12. The Model Penal Code, Legal Process, and the Alegitimacy of American Penality
13. The Modest Ambition of Glanville Williams
14. The Radical Orthodoxy of Hart's Punishment and Responsibility
15. Gary Becker and Criminal Law
16. Foucault, Criminal Law, and the Governmentalization of the State
17. Nils Christie: 'Conflicts as Property'
18. Feindstrafrecht
APPENDIX
Feuerbach
Birnbaum
Radbruch
Jakobs