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Die Europaisierung Der Strafrechtspflege Als Demontage Des Demokratischen Rechtsstaats
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Book Synopsis Die Europäisierung der Strafrechtspflege als Demontage des demokratischen Rechtsstaats by : Bernd Schünemann
Download or read book Die Europäisierung der Strafrechtspflege als Demontage des demokratischen Rechtsstaats written by Bernd Schünemann and published by BWV Verlag. This book was released on 2014-01-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Dual Penal State by : Markus D. Dubber
Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-09-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Book Synopsis Liberal Criminal Theory by : A P Simester
Download or read book Liberal Criminal Theory written by A P Simester and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.