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The Rhetoric of Criminal Law: Sloganism and Other Coping Mechanisms

Markus D. Dubber

in The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198744290
eISBN:
9780191805752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198744290.003.0003
Subject:
Law, Criminal Law and Criminology

Dual Penal State 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 ... More


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

Markus D Dubber

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0005
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter focuses on how we should conceive of the inquiry into the foundations of criminal law, whether legal, philosophical, historical, genealogical, or political. It argues that we cannot hope ... More


Engaging Scholarship: Criminal Law and the Legitimation of Penal Power

Markus D. Dubber

in The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198744290
eISBN:
9780191805752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198744290.003.0002
Subject:
Law, Criminal Law and Criminology

Dual Penal State 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 ... More


Criminal Answerability and the Offence/Defence Distinction

Luís Duarte d’Almeida

in Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter makes use of the analyses set forth in the book to cast light on our legal practices of holding people responsible for their actions. The focus is on criminal responsibility. Criminal ... More


Introduction: The Crisis of the Modern Penal State

Markus D. Dubber

in The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198744290
eISBN:
9780191805752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198744290.003.0001
Subject:
Law, Criminal Law and Criminology

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The introduction introduces key ... More


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