An accessible introduction to the theoretical frameworks of the dual penal state. Taking an issue-led approach, the study locates criminal law in its analytic, comparative, historical, and doctrinal contexts, and aims to stimulate critical reflection beyond the constraints of a particular jurisdiction.

Markus D. Dubber is Professor of Law and Director of the Centre for Ethics at the University of Toronto. Much of his scholarship has focused on theoretical, comparative, and historical aspects of criminal law. He has published, as author or editor, over twenty books and more than eighty papers; he has been translated into German, Arabic, Chinese, Italian, Korean, Persian, Portuguese, and Spanish. His publications include The Oxford Handbook of Criminal Law (2014), Criminal Law: A Comparative Approach (2016, with Tatjana Hörnle), Foundational Texts in Modern Criminal Law (2014), and The Police Power (2005)

• Introduction: The Crisis of the Modern Penal State


• PART I CRIMINAL LAW SCIENCE AND ITS DIVERSIONS


• 1: Engaging Scholarship: Criminal Law and the Legitimation of Penal Power


• 2: The Rhetoric of Criminal Law: Sloganism and Other Coping Mechanisms


• PART II THE DUAL PENAL STATE: TOWARD A CRITICAL ANALYSIS OF CRIMINAL LAW


• 3: Law and Police as Modes of Governance


• 4: Penal Law and Penal Police in the Dual Penal State


• PART III AMERICAN PENALITY BETWEEN LAW AND POLICE: A CRITICAL GENEALOGY


• 5: America's Internal Penal Exceptionalism


• 6: Thomas Jefferson's Virginia Criminal Law Bill


• 7: The Model Penal Code and the War on Crime