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Beccaria’s <i>On Crimes and Punishments</i>

Bernard E Harcourt.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 11400 words.

Beccaria’s treatise On Crimes and Punishments (1764) has become a placeholder for the classical school of thought in criminology, for deterrence-based public policy, for death penalty...

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Blackstone’s Criminal Law

Simon Stern.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 10747 words.

This chapter discusses the fourth volume of Blackstone’s Commentaries (1769), asking what contribution this volume makes to English criminal law. Issues addressed include the general...

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The Contraction of Crime in Hegel’s <i>Rechtsphilosophie</i>

Alan Brudner.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 11878 words.

This chapter presents Hegel’s account of crime and punishment as an uncompromising version of the kind of criminal law appropriate for autonomous agents. Specifically, it reads Hegel as...

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Criminal Law as an Efficiency-Enhancing Device

Alon Harel.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 11001 words.

This chapter explores the contributions of Gary Becker to criminal law and points out its limitations. In Becker’s view, crime ought to be understood as a rational behavior on the part of...

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Dignity, Crime, and Punishment

Meir Dan-Cohen.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 9975 words.

Defining criminal law and drawing its proper boundaries raises two main questions: What distinguishes criminal offenses from other preventable harms, and what distinguishes criminal...

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Foucault, Criminal Law, and the Governmentalization of the State

Pat O’Malley and Mariana Valverde.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 9053 words.

Defining Foucault’s Discipline and Punish as a foundational text is problematic. While it carries the academic status, its “foundational” readings have created problems for subsequent...

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Foundational Texts in Modern Criminal Law

Edited by Markus D Dubber.

August 2014; p ublished online November 2014 .

Book. Subjects: Criminal Law; History of Law. 448 pages.

This book presents chapters which critically engage with formative texts in criminal legal thought since Hobbes. It aims to contribute to the emergence of a transnational canon of criminal...

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Foundations of the Legislative Panopticon

Guyora Binder.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 11032 words.

Bentham contributed to the development not only of moral philosophy, jurisprudence, and policy analysis, but also criminal law. This chapter interprets his concepts of law and policy as...

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Günther Jakobs’s <i>Feindstrafrecht</i>

Daniel Ohana.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 11325 words.

When Jakobs first presented his theory of the “criminal law of the enemy” (Feindstrafrecht) at the turn of the millennium, the ensuing debate drew much attention across Continental Europe....

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Hobbes on “Diffidence” and the Criminal Law

Alice Ristroph.

in Foundational Texts in Modern Criminal Law

August 2014; p ublished online November 2014 .

Chapter. Subjects: Criminal Law; History of Law. 8830 words.

The contributions of Hobbes’s political theory to the criminal law are both substantial and substantially overlooked. This chapter uses Hobbes to reflect on certain dysfunctions of...

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