Markus D Dubber (University of Toronto – Faculty of Law) has posted Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law
on SSRN. Here is the abstract:
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This paper explores the possibility of a theoretical inquiry into the foundations of criminal law that, straddling the line between philosophical speculation and historical search, aims to facilitate, and in fact to enable, the critical analysis of the practice of punishment as an exercise of the law power (Rechtsmacht) of the state.