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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


Humane Neoclassicism: Proportionality and Other Values in Nordic Sentencing

Tapio Lappi-Seppälä

in Of One-eyed and Toothless Miscreants: Making the Punishment Fit the Crime?

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190070595
eISBN:
9780190070625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070595.003.0009
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The principle of proportionality has its roots in the rule of law, legal safeguards, and guarantees to citizens against abuse, arbitrariness, and excessive use of force. It is more important to ... 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


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