Catalogue

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The dual penal state : the crisis of criminal law in comparative-historical perspective /
Markus D. Dubber.
edition
First edition.
imprint
Oxford, United Kingdom : Oxford University Press, 2018.
description
296 pages ; 24 cm
ISBN
0198744293, 9780198744290
format(s)
Book
Holdings
More Details
imprint
Oxford, United Kingdom : Oxford University Press, 2018.
isbn
0198744293
9780198744290
contents note
Engaging scholarship: criminal law and the legitimation of penal power -- The rhetoric of criminal law : sloganism and other coping mechanisms -- Law and police as modes of governance -- Penal law and penal police in the dual penal state -- America's internal penal exceptionalism -- Thomas Jefferson's Virginia criminal law bill -- The model penal code and the war on crime.
abstract
"Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective addresses one of today’s most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and little constrained violence, where radical and prolonged interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest has been utterly normalized. At bottom, this crisis of modern penality is a crisis of the liberal project itself; the penal paradox is merely the sharpest formulation of the general paradox of power in a liberal state: the legitimacy of state sovereignty in the name of personal autonomy. To capture the depth and range of the crisis of contemporary penality in ostensibly liberal states, Dual Penal State leaves behind customary temporal and parochial constraints, and turns to historical and comparative analysis instead. This approach reveals a fundamental distinction between two conceptions of penal power, penal law and penal police, that run through Western legal-political history, one rooted in autonomy, equality, and interpersonal respect, and the other in heteronomy, hierarchy, and patriarchal power. Dual penal state analysis illuminates how this distinction manifests itself in the history of the present of various penal systems, from the malign neglect of the American war on crime to the ahistorical self-satisfaction of German criminal law science." --
catalogue key
12017157
 
Includes bibliographical references (pages 231-286) and index.

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