Markus D Dubber
Biographic Data
| ID | 6005397 |
|---|---|
| NAME | Markus D Dubber |
| GIVEN NAMES | Markus D |
| FAMILY NAME | Dubber |
| SIGNATURE | DUBBER M D |
| AFFILIATIONS | University of Toronto |
| ORCID | 0000-0002-1799-3040 |
| VERIFIED | Yes |
| TOTAL WORKS | 36 |
| TOTAL CITATIONS | 8 |
| AUTHOR COUNT | 25 |
| EDITOR COUNT | 11 |
| FIRST PUBLICATION YEAR | 1990 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 2 |
Michael Tonry, Doing Justice, Preventing Crime
The Oxford Handbook of Ethics of AI
This book explores the intertwining domains of artificial intelligence (AI) and ethics—two highly divergent fields which at first seem to have nothing to do with one another. AI is a collection of computational methods for studying human knowledge, learning, and behavior, including by building agents able to know, learn, and behave. Ethics is a body of human knowledge—far from completely understood—that helps agents (humans today, but perhaps eve…
Oxford Handbook of Ethics of AI
Engaging Scholarship
Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book investigates various ways in which criminal law doctrine and scholarship have managed not to meet the continuing challenge of legitimating state penal power: the violent violation of the autonomy of the very persons upon whose autonomy the legitimacy of stat…
European Twentieth-Century Dictatorship and the Law
Between 1900 and 1920 some of the great old political orders broke down, the Chinese and the Russian Empire, the monarchy of the Habsburgs, and the German Reich. Uncertainties and anxieties about the future caused a broad deviation from the ideas and promises of liberalism, parliamentary democracy, and international law. Everywhere anti-liberal authoritarian movements organized themselves. The contribution concentrates on the German law under the…
Law and Police as Modes of Governance
Part I of Dual Penal State investigated various ways in which criminal law doctrine and scholarship (or “science”) have failed to address the challenge of legitimating penal power in a modern liberal democratic state. Part II explores an alternative approach to criminal law discourse that puts the legitimacy challenge of modern penal law front and center: critical analysis of criminal law in a dual penal state. Dual penal state analysis different…
English Law and its Expansion
Early modern England was a legally pluralistic society. The laws of the Crown derived from its royal prerogative rights, which were based on Roman and common law. The Crown’s excessive use of prerogatives often came into conflict with the English Parliament and the royal courts of common law. This conflict resulted in constitutional crises throughout the seventeenth century and, ultimately, in the ‘Westminster system’ of government by 1800. Along…
Colonial and Indigenous ‘Laws’—The Case of Britain’s Empires, C.1750–1850
This chapter argues that indigenous and colonial ‘laws’ were made and adapted in and through entanglements of peoples and dynamic political-normative regimes or epistemic communities. These underlying complexities might be obscured in extant anglophone high-level treatises or colonial judicial decisions, let alone indigenous participation in introduced colonial forums, but remain important to appreciate. In approaching the multiple ‘legalities’ i…
The Rhetoric of Criminal Law
Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book investigates various ways in which criminal law doctrine and scholarship have managed not to meet the continuing challenge of legitimating state penal power: the violent violation of the autonomy of the very persons upon whose autonomy the legitimacy of stat…
America’s Internal Penal Exceptionalism
Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) an…
Spanish Law and its Expansion
This chapter addresses the way Spain employed law in its discovery, exploration, conquest, and settlement of the New World. After describing the law on the peninsula, the chapter traces the application and adaptation of these legal materials and institutions to Spain’s new provinces through a new and important body of law known as derecho indiano. Specific aspects of colonial control are addressed in their relationship to new conditions and imper…
The Model Penal Code and the War on Crime
Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) an…
The Oxford Handbook of European Legal History
The Oxford Handbook of European Legal History charts the landscape of contemporary research and the shift from national legal histories to comparative methods, which have profoundly affected the way we understand legal transformation at the local, national, regional, European, and global level. The Handbook shows legal change in terms of continuous flow and exchange of influences, which take place within complicated combinations of cultural, poli…
The Oxford Handbook of Legal History
"Some of the most exciting, and innovative, legal scholarship over the past few decades has been driven by historical curiosity. This Handbook offers a fascinating compendium of methodological studies from the field of legal history."--From publisher
The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective
Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective addresses one of today’s most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and little constrained violence, where radica…
Ancient Greek Law
This chapter gives an overview of law in ancient Greece. After discussing the unity of Greek law and scholarship on Greek law, it reviews the evidence for law in Gortyn (in Crete), including the Gortyn Law Code, in Sparta, and at greater length in Athens, which is best documented. Athens had a highly democratic legal system. Legislation was enacted by an Assembly open to all citizens, laws were written and publicly displayed, plaintiffs and defen…
An Introduction to the Model Penal Code
Preface Acknowledgments Introduction 1 A Key to the Model Penal Code and to American Criminal Law 2 Origins: The ALI, Legal Process, and Treatmentism 2.1 Criminal Propensities 2.2 The Model Penal and Correctional Code 2.3 The Structure of the Model Penal Code 3 The Model Penal Code in a Nutshell: Section 1.02 3.1 The Prerequisites of Criminal Liability: Of Crimes and Criminals 3.2 The Analysis of Criminal Liability: Three Levels of Inquiry Chapte…
The Oxford handbook of criminal law
Criminal Jurisdiction and Conceptions of Penality in Comparative Perspective
This article undertakes a critical analysis of the concept of criminal jurisdiction from a comparative and historical perspective, focusing on common criminal law and German criminal law in particular. Despite a recent upsurge of interest in criminal jurisdiction in the international sphere, domestic criminal jurisdiction remains understudied in both legal systems. Turned inward, conceptions of ‘international’ criminal jurisdiction in a given dom…
Common Civility: The Culture of Alegality in International Criminal Law
Written from an outsider's perspective, this paper tries to capture the ethos, or, if you prefer, the Sittlichkeit , of international criminal law. It argues that international criminal law can profitably be seen as an ethos, rather than a body of law. In this telling, international criminal law, despite its name, emerges as an ethical–administrative enterprise rather than a legal one. If placed alongside global administrative law, for instance, …
Policing Morality: Constitutional Law and the Criminalization of Incest
This article provides a critical analysis of so-called morals offences in general and the offence of incest in particular, within the context of the distinction between law and police as basic modes of governance and against the backdrop of the judgments by the German Constitutional Court in the Incest Case (2008) and the US Supreme Court in Lawrence v Texas (2003)
Police and the Liberal State
Police and the Liberal State advances a broad interdisciplinary and international project to refocus attention on the scope and function of modern governance through the lens of the police power in its multiple manifestations—from the family to the police station and the prison, and from municipal government to state sovereignty and global security—and techniques—surveillance, control, and licensing, as well as ordinances, regulations, and admini…
Modern Histories of Crime and Punishment
Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, frame historical analysis in the study and teaching of criminal law. Featuring work by historians, lawyers, theorists, and sociologists, Modern Histories approaches the history of crime and punishment not as the freestanding study of a distinct institution or body of legal doctrine, but as part of a broade…
Criminalizing Complicity: A Comparative Analysis
The Rome Statute's provision on complicity is remarkably vague given the significance of the issue in international criminal law. In search of guidance, this article takes a closer look at the models for accomplice liability in domestic criminal law, focusing on two systems that may be taken as representatives of the civil law and common law world, respectively: German and American criminal law
Introduction: Regarding Criminal Law Historically
Common Civility: The Culture of Alegality in International Criminal Law
Written from an outsider's perspective, this paper tries to capture the ethos, or, if you prefer, the Sittlichkeit , of international criminal law. It argues that international criminal law can profitably be seen as an ethos, rather than a body of law. In this telling, international criminal law, despite its name, emerges as an ethical–administrative enterprise rather than a legal one. If placed alongside global administrative law, for instance, …
The Right to Be Punished: Autonomy and Its Demise in Modern Penal Thought
The Enlightenment was the age of empathy and abstract identity. The common man no longer was to be pitied for his unfortunate plight. Instead, enlightened gentlemen and reformers strove to empathize with the ordinary person—identify with him—precisely because he was identical to them in some fundamental sense. That sense differed from Enlightenment theory to theory, but the identity remained central. So Bentham insisted that every member of the u…
Historical Analysis of Law
Kenneth Ledford's and Michael Meranze's insightful comments raise important questions about the nature of legal history in general, and of the history of punishment in particular. According to Ledford and Meranze, modern legal history is social history, to be distinguished from “old-style intellectual history.” A product of the latter “historical method no longer in favor,” “The Right to Be Punished” draws Ledford's and Meranze's criticism for it…
Theories of Crime and Punishment in German Criminal Law
This article explores two central features of German criminal law: its theory of crime, which posits the sole function of criminal law in the protection of "legal goods" (Rechtsgueter), and its theory of punishment, which justifies the criminal sanction in the name of protecting legal goods through "positive general prevention" (positive Generalpraevention). These aspects of German criminal law are of particular interest to Anglo-American crimina…
American Plea Bargains, German Lay Judges, and the Crisis of Criminal Procedure
The Unprincipled Punishment of Repeat Offenders: A Critique of California's Habitual Criminal Statute
Recidivist statutes in the United States come in many shapes and sizes. Some impose short jail terms on habitual traffic offenders, while others mandate life sentences for all third felony offenders. Among the most noteworthy of modern recidivist statutes is the California Habitual Criminal Statute, §667 of the California Penal Code. Section 667 is, without a doubt, the harshest of California's many recidivist provisions. This note presents a det…
The German Jury and the Metaphysical Volk: From Romantic Idealism to Nazi Ideology
Journal Article The German Jury and the Metaphysical Volk: From Romantic Idealism to Nazi Ideology Get access Markus Dirk Dubber Markus Dirk Dubber 1Markus Dirk Dubber is Associate Professor of Law, SUNY Buffalo. Thanks to Ronald Allen, Albert Alschuler, Guyora Binder, Andrew Deiss, Martin Hansen, Donald Kommers, John Langbein, Oliver Lepsius, Errol Meidinger, Mathias Reimann, Ingo Richter, Joachim Rückert, Jan Schröder, Nancy Staudt, Robert Stei…
The Constitution of the Federal Republic of Germany
Journal Article The Constitution of the Federal Republic of Germany Get access Currie David P., The Constitution of the Federal Republic of Germany. Chicago: University of Chicago Press, 1995. xviii, 448 pp. $35.00. Markus Dirk Dubber Markus Dirk Dubber SUNY Buffalo School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 40, Issue 1, January 1996, Pages 107–109, https://doi.…
American Plea Bargains, German Lay Judges, and the Crisis of Criminal Procedure
The Right to Be Punished: Autonomy and Its Demise in Modern Penal Thought
The Enlightenment was the age of empathy and abstract identity. The common man no longer was to be pitied for his unfortunate plight. Instead, enlightened gentlemen and reformers strove to empathize with the ordinary person—identify with him—precisely because he was identical to them in some fundamental sense. That sense differed from Enlightenment theory to theory, but the identity remained central. So Bentham insisted that every member of the u…
Historical Analysis of Law
Kenneth Ledford's and Michael Meranze's insightful comments raise important questions about the nature of legal history in general, and of the history of punishment in particular. According to Ledford and Meranze, modern legal history is social history, to be distinguished from “old-style intellectual history.” A product of the latter “historical method no longer in favor,” “The Right to Be Punished” draws Ledford's and Meranze's criticism for it…
The Historical Analysis of Criminal Codes
Students of Anglo-American criminal law, historians included, have traditionally had very little to say about criminal codes. This omission is startling in the face of ongoing efforts to codify criminal law since the late eighteenth century, not only in England and the United States, but also in Canada and India. The only historical study of criminal codification in the United States is a survey article that is, strictly speaking, not about codif…
Aktivismus und Zuruckhaltung im United States Supreme Court (Activism and Restraint in the United States Supreme Court)
Journal Article Aktivismus und Zurückhaltung im United States Supreme Court (Activism and restraint in the United States Supreme Court). By Martin Stoevesandt. (Berlin: Duncker & Hum-blot, 1999. 532 pp. Paper, DM 178, ISBN 3-428-09488-3.) In German Get access Markus Dirk Dubber Markus Dirk Dubber State University of New York, Buffalo, New York Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Vo…
The Police Power: Patriarchy and the Foundations of American Government
Theories of Crime and Punishment in German Criminal Law
This article explores two central features of German criminal law: its theory of crime, which posits the sole function of criminal law in the protection of "legal goods" (Rechtsgueter), and its theory of punishment, which justifies the criminal sanction in the name of protecting legal goods through "positive general prevention" (positive Generalpraevention). These aspects of German criminal law are of particular interest to Anglo-American crimina…
Street Justice: A History of Police Violence in New York City
In Street Justice, Marilynn Johnson has given us a lively, detailed, and remarkably balanced study of misconduct by members of the New York City Police Department (nypd) throughout its history. The book is chock full of rich renderings of police beatings of suspects, protesters, minorities, as well as those deemed disobedient, recalcitrant, and merely insufficiently respectful, the use of torture in interrogations (euphemistically labeled the “th…
Modern Histories of Crime and Punishment
Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, frame historical analysis in the study and teaching of criminal law. Featuring work by historians, lawyers, theorists, and sociologists, Modern Histories approaches the history of crime and punishment not as the freestanding study of a distinct institution or body of legal doctrine, but as part of a broade…
Criminalizing Complicity: A Comparative Analysis
The Rome Statute's provision on complicity is remarkably vague given the significance of the issue in international criminal law. In search of guidance, this article takes a closer look at the models for accomplice liability in domestic criminal law, focusing on two systems that may be taken as representatives of the civil law and common law world, respectively: German and American criminal law
Introduction: Regarding Criminal Law Historically
Police and the Liberal State
Police and the Liberal State advances a broad interdisciplinary and international project to refocus attention on the scope and function of modern governance through the lens of the police power in its multiple manifestations—from the family to the police station and the prison, and from municipal government to state sovereignty and global security—and techniques—surveillance, control, and licensing, as well as ordinances, regulations, and admini…
Common Civility: The Culture of Alegality in International Criminal Law
Written from an outsider's perspective, this paper tries to capture the ethos, or, if you prefer, the Sittlichkeit , of international criminal law. It argues that international criminal law can profitably be seen as an ethos, rather than a body of law. In this telling, international criminal law, despite its name, emerges as an ethical–administrative enterprise rather than a legal one. If placed alongside global administrative law, for instance, …
Policing Morality: Constitutional Law and the Criminalization of Incest
This article provides a critical analysis of so-called morals offences in general and the offence of incest in particular, within the context of the distinction between law and police as basic modes of governance and against the backdrop of the judgments by the German Constitutional Court in the Incest Case (2008) and the US Supreme Court in Lawrence v Texas (2003)
Criminal Jurisdiction and Conceptions of Penality in Comparative Perspective
This article undertakes a critical analysis of the concept of criminal jurisdiction from a comparative and historical perspective, focusing on common criminal law and German criminal law in particular. Despite a recent upsurge of interest in criminal jurisdiction in the international sphere, domestic criminal jurisdiction remains understudied in both legal systems. Turned inward, conceptions of ‘international’ criminal jurisdiction in a given dom…
The Oxford handbook of criminal law
An Introduction to the Model Penal Code
Preface Acknowledgments Introduction 1 A Key to the Model Penal Code and to American Criminal Law 2 Origins: The ALI, Legal Process, and Treatmentism 2.1 Criminal Propensities 2.2 The Model Penal and Correctional Code 2.3 The Structure of the Model Penal Code 3 The Model Penal Code in a Nutshell: Section 1.02 3.1 The Prerequisites of Criminal Liability: Of Crimes and Criminals 3.2 The Analysis of Criminal Liability: Three Levels of Inquiry Chapte…
Engaging Scholarship
Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book investigates various ways in which criminal law doctrine and scholarship have managed not to meet the continuing challenge of legitimating state penal power: the violent violation of the autonomy of the very persons upon whose autonomy the legitimacy of stat…
European Twentieth-Century Dictatorship and the Law
Between 1900 and 1920 some of the great old political orders broke down, the Chinese and the Russian Empire, the monarchy of the Habsburgs, and the German Reich. Uncertainties and anxieties about the future caused a broad deviation from the ideas and promises of liberalism, parliamentary democracy, and international law. Everywhere anti-liberal authoritarian movements organized themselves. The contribution concentrates on the German law under the…
Law and Police as Modes of Governance
Part I of Dual Penal State investigated various ways in which criminal law doctrine and scholarship (or “science”) have failed to address the challenge of legitimating penal power in a modern liberal democratic state. Part II explores an alternative approach to criminal law discourse that puts the legitimacy challenge of modern penal law front and center: critical analysis of criminal law in a dual penal state. Dual penal state analysis different…
English Law and its Expansion
Early modern England was a legally pluralistic society. The laws of the Crown derived from its royal prerogative rights, which were based on Roman and common law. The Crown’s excessive use of prerogatives often came into conflict with the English Parliament and the royal courts of common law. This conflict resulted in constitutional crises throughout the seventeenth century and, ultimately, in the ‘Westminster system’ of government by 1800. Along…
Colonial and Indigenous ‘Laws’—The Case of Britain’s Empires, C.1750–1850
This chapter argues that indigenous and colonial ‘laws’ were made and adapted in and through entanglements of peoples and dynamic political-normative regimes or epistemic communities. These underlying complexities might be obscured in extant anglophone high-level treatises or colonial judicial decisions, let alone indigenous participation in introduced colonial forums, but remain important to appreciate. In approaching the multiple ‘legalities’ i…
Political science (34 works) · Law (31 works) · Sociology (19 works) · Law (15 works) · Criminology (14 works) · Criminal Law and Evidence (13 works) · Criminal law (12 works) · Politics (12 works) · History (11 works) · Criminal Justice and Corrections Analysis (9 works)