CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, January 15, 2014

Dubber on Paradigms of Penal Law

Dubber markusMarkus D. Dubber (University of Toronto - Faculty of Law) has posted Paradigms of Penal Law on SSRN. Here is the abstract:

Placing law in context makes its critical analysis possible, by elucidating the cluster of norms, practices, and institutions under investigation (thereby facilitating analysis) and by taking up vantage points from which the newly illuminated object of inquiry can be assessed (in this way making critique possible). This paper contextualizes criminal law, not through doctrinal comparison or by adjusting one’s disciplinary point of view, but by locating it within the conception and actuality of state power, thereby facilitating its critical analysis as an exercise of the state’s penal power, i.e., as state penal action.

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