Wednesday, November 11, 2009
Markus D. Dubber (University of Toronto - Faculty of Law) has posted Criminal Law Between Public and Private Law on SSRN. The piece is a tightly argued effort to situate criminal law within the domain of law in general. Here is the abstract:
To criminalize something (not someone, ordinarily) means to bring it within the scope of criminal law; in this sense, crime is a legal phenomenon, as is punishment. This means that an account of criminalization needs an account not of crime simpliciter, but of law in general, and of criminal law within it. In this paper, I approach this task equipped with two distinctions, one - between law and police - designed to illuminate the concept of law, and the other - between public and private law -meant to clarify that of criminal law.