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The Dual Penal StateThe Crisis of Criminal Law in Comparative-Historical Perspective$
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Markus D. Dubber

Print publication date: 2018

Print ISBN-13: 9780198744290

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198744290.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 January 2022



The Crisis of the Modern Penal State

(p.1) Introduction
The Dual Penal State

Markus D. Dubber

Oxford University Press

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 introduction introduces key notions that frame the discussion throughout the book, including the dual penal state and the concepts of penal law and penal police that constitute it, and the idea of the penal paradox of state punishment in a modern liberal democracy ostensibly grounded in the fundamental commitment to the autonomy of each person as such. The introduction also introduces the comparative-historical approach driving the book’s analysis and lays out the basic argument of the book, divided into three parts.

Keywords:   criminal law, liberalism, police power, rule of law, Rechtsstaat, German criminal law, American criminal law, war on crime, Black Lives Matter, overcriminalization

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