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

    Foundational Texts in Modern Criminal Law by Dubber, Markus D;

    Contemporary Readings of Classic Texts

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    Product details:

    • Publisher OUP Oxford
    • Date of Publication 21 August 2014

    • ISBN 9780199673612
    • Binding Hardback
    • No. of pages448 pages
    • Size 253x183x32 mm
    • Weight 944 g
    • Language English
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    Short description:

    This volume contributes to the emergence of a transnational canon of criminal law by critically engaging with formative texts in criminal legal thought since Hobbes.

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    Long description:

    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.

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    Table of Contents:

    Introduction
    Hobbes on "Diffidence" and the Criminal Law
    Beccaria's On Crimes and Punishments:A Mirror on the History of the Foundations of Modern Criminal Law
    Blackstone's Criminal Law: Common-Law Harmonization and Legislative Reform
    Foundations of the Legislative Panopticon: Bentham's Principles of Morals and Legislation
    Dignity, Crime, and Punishment: A Kantian Perspective
    PJA von Feuerbach and his Textbook of the Common Penal Law
    The Contraction of Crime in Hegel's Rechtsphilosophie
    Mill's On Liberty and the Modern "Harm to Others" Principle
    James Fitzjames Stephen: The Punishment Jurist
    Pashukanis and Public Protection
    Radbruch on the Origins of the Criminal Law: Punitive Interventions before Sovereignty
    The Model Penal Code, Legal Process, and the Alegitimacy of American Penality
    The Modest Ambition of Glanville Williams
    The Radical Orthodoxy of Hart's Punishment and Responsibility
    Criminal Law as an Efficiency-Enhancing Device: The Contribution of Gary Becker
    Foucault, Criminal Law, and the Governmentalization of the State
    Nils Christie: "Conflicts as Property"
    Günther Jakobs's Feindstrafrecht: A Dispassionate Account
    Textbook of the Common Penal Law in Force in Germany
    Concerning the Need for a Right Violation in the Concept of a Crime, having particular Regard to the Concept of an Affront to Honour
    The Origin of Criminal Law in the Status of the Unfree
    On the Theory of Enemy Criminal Law

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