Markus D. Dubber
- Published in print:
- 2015
- Published Online:
- March 2015
- ISBN:
- 9780190243043
- eISBN:
- 9780190243081
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190243043.001.0001
- Subject:
- Law, Criminal Law and Criminology
This second edition of this text retains the book’s original aim, approach, and structure as a companion to the Model Penal Code. Reflecting the Code’s attempt to present an accessible, ...
More
This second edition of this text retains the book’s original aim, approach, and structure as a companion to the Model Penal Code. Reflecting the Code’s attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code’s potential as a key to American criminal law. The content of the original edition has been revised with citations to primary and secondary materials. The American Law Institute’s ongoing revision of the Code’s sentencing and sexual offense provisions has been taken into account. Also, the analysis of comparative criminal law found sporadically throughout the original version of the book has been expanded in places to provide additional context. As one of the world’s most sophisticated criminal codes, the Model Penal Code also serves as an excellent platform for comparative analysis, particularly with code-based civil law systems that are often difficult to place alongside opinion-based common law systemsLess
This second edition of this text retains the book’s original aim, approach, and structure as a companion to the Model Penal Code. Reflecting the Code’s attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code’s potential as a key to American criminal law. The content of the original edition has been revised with citations to primary and secondary materials. The American Law Institute’s ongoing revision of the Code’s sentencing and sexual offense provisions has been taken into account. Also, the analysis of comparative criminal law found sporadically throughout the original version of the book has been expanded in places to provide additional context. As one of the world’s most sophisticated criminal codes, the Model Penal Code also serves as an excellent platform for comparative analysis, particularly with code-based civil law systems that are often difficult to place alongside opinion-based common law systems
Markus D. Dubber
- Published in print:
- 2015
- Published Online:
- March 2015
- ISBN:
- 9780190243043
- eISBN:
- 9780190243081
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190243043.003.0001
- Subject:
- Law, Criminal Law and Criminology
The Introduction discusses the origins, ambition, approach, and structure of the Model Penal Code, connecting the Code’s structure to that of the book. Topics addressed include the origin of the ...
More
The Introduction discusses the origins, ambition, approach, and structure of the Model Penal Code, connecting the Code’s structure to that of the book. Topics addressed include the origin of the Model Penal Code as a project by the American Law Institute to fundamentally rethink and revise American criminal law. The Model Penal Code’s treatmentist approach is discussed and illustrated. Readers are introduced to the two-part structure of the Code, a Model Penal Code and a Model Correctional Code. The Model Penal Code is introduced as the key to American criminal law, with particular attention to its central definition of crime in section 1.02. Finally, the Model Penal Code’s three-part scheme for the analysis of criminal liability is laid out.Less
The Introduction discusses the origins, ambition, approach, and structure of the Model Penal Code, connecting the Code’s structure to that of the book. Topics addressed include the origin of the Model Penal Code as a project by the American Law Institute to fundamentally rethink and revise American criminal law. The Model Penal Code’s treatmentist approach is discussed and illustrated. Readers are introduced to the two-part structure of the Code, a Model Penal Code and a Model Correctional Code. The Model Penal Code is introduced as the key to American criminal law, with particular attention to its central definition of crime in section 1.02. Finally, the Model Penal Code’s three-part scheme for the analysis of criminal liability is laid out.
Markus D Dubber
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199673612
- eISBN:
- 9780191751745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673612.003.0013
- Subject:
- Law, Criminal Law and Criminology, Legal History
The Model Penal Code, drafted under the auspices of Herbert Wechsler, is the most significant text in the history of American criminal law. Yet, in an important and revealing sense, it is not a ...
More
The Model Penal Code, drafted under the auspices of Herbert Wechsler, is the most significant text in the history of American criminal law. Yet, in an important and revealing sense, it is not a foundational text in modern criminal law. What’s more, it is significant precisely for that reason. This chapter tries to capture the significance of the Model Penal Code—or, to call it by its full name, the Model Penal and Correctional Code—by explaining why it is not foundational. Along the way, the chapter hopes to shed some light on the history and complexion of American penality and, with any luck, even on modern penality in general, on the Model Penal Code’s, and therefore also Wechsler’s, place in modern criminal law.Less
The Model Penal Code, drafted under the auspices of Herbert Wechsler, is the most significant text in the history of American criminal law. Yet, in an important and revealing sense, it is not a foundational text in modern criminal law. What’s more, it is significant precisely for that reason. This chapter tries to capture the significance of the Model Penal Code—or, to call it by its full name, the Model Penal and Correctional Code—by explaining why it is not foundational. Along the way, the chapter hopes to shed some light on the history and complexion of American penality and, with any luck, even on modern penality in general, on the Model Penal Code’s, and therefore also Wechsler’s, place in modern criminal law.
