Foundational Texts in Modern Criminal Law Contemporary Readings of Classic Texts

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.

Markus D Dubber, University of Toronto, Professor of Law

Markus D Dubber is Professor of Law at the University of Toronto. Dubber's scholarship has focused on theoretical, comparative, and historical aspects of criminal law. His publications include Criminal Law: A Comparative Approach (co-authored with Tatjana Hornle) (2014), Handbook of Comparative Criminal Law (co-edited with Kevin Heller) (2010), Modern Histories of Crime and Punishment (co-edited with Lindsay Farmer) (2007), The New Police Science: The Police Power in Domestic and International Governance (co-edited with Mariana Valverde) (2006), The Police Power: Patriarchy and the Foundations of American Government (2005), and Victims in the War on Crime: The Use and Abuse of Victims' Rights (2002).

Introduction: Grounding Criminal Law: Foundational Texts in Comparative-Historical Perspective, Markus D Dubber
1. 'Diffidence' and the Criminal Law, Alice Ristroph
2. Beccaria's On Crimes and Punishments: A Mirror on the History of the Foundations of Modern Criminal Law, Bernard E Harcourt
3. William Blackstone, Commentaries on the Laws of England, Vol. 4 (1769), Simon Stern
4. Foundations of the Legislative Panopticon: Bentham's Principles of Morals and Legislation, Guyora Binder
5. Dignity, Crime, and Punishment, Meir Dan-Cohen
6. Paul Johann Anselm von Feuerbach and his Impact on Contemporary Criminal Law, Tatjana Hornle
7. The Contraction of Crime in Hegel's Rechtsphilosophie, Alan Brudner
8. John Stuart Mill, On Liberty (1859), Bernard Harcourt
9. The Punishment Jurist, Marc O DeGirolami
10. Pashukanis and Public Protection, Peter Ramsay
11. Origins of the Criminal Law: Punitive Interventions before Sovereignty, Mireille Hildebrandt
12. The Model Penal Code, Legal Process, and the Alegitimacy of American Penality, Markus D Dubber
13. The Modest Ambition of Glanville Williams, Lindsay Farmer
14. The Radical Orthodoxy of Hart's Punishment and Responsibility, Malcolm Thorburn
15. Gary Becker and Criminal Law, Alon Harel
16. Foucault, Criminal Law, and the Governmentalization of the State, Pat O'Malley and Mariana Valverde
17. Nils Christie: 'Conflicts as Property', Vidar Halvorsen
18. Feindstrafrecht, Daniel Ohana
Appendix
Feuerbach
Birnbaum
Radbruch
Jakobs