Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, contribute to our understanding of the history of criminal law. The book features work done by historians, lawyers, theorists, and sociologists on the history of criminal law and highlights how this multidisciplinary scholarship can help to frame critical analysis in the study and teaching of modern criminal law. As Modern Histories makes clear, the historical analysis of crime and punishment is not a freestanding inquiry into a distinct institution or body of legal doctrine, but in the end amounts to a daunting, yet exhilarating, venture into the webs of governance and control that constitute social and political life.

This timely volume provides a critical analysis of the most comprehensive and least comprehended of state powers, the power to police, broadly understood as the power to maximize public welfare - or, more colorfully, its peace, order, and good government. Featuring contributions by leading scholars from several countries working in a variety of fields, including law, criminology, political science, history, sociology, and social theory, The New Police Science examines the power to police as a basic technology of modern government that appears in a vast array of sites of governance, including not only the state, but also the household, the factory, the military, and - most recently - the global realm of war, police actions, and peacekeeping. This volume resurrects and radically re-envisions the once thriving study of police science as a comprehensive critical inquiry into the nature of governance.

This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of a general attempt to place current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

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.

"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 administrative, constitutional, and criminal law.
In the contributions to this volume, police power emerges as a rich and flexible concept that offers a broader functional context to explain the operation of governmental institutions. The essays reveal connections across the history of government, across systems of government within a particular state, and comparatively, across different states and levels of government. The comprehensive scope and boundless ambition of police power, the very characteristics that rest uneasily with traditional conceptions of the liberal state, make it a uniquely useful platform for interdisciplinary and international inquiries into fundamental questions of government and law.

Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, contribute to our understanding of the history of criminal law. The book features work done by historians, lawyers, theorists, and sociologists on the history of criminal law and highlights how this multidisciplinary scholarship can help to frame critical analysis in the study and teaching of modern criminal law. As Modern Histories makes clear, the historical analysis of crime and punishment is not a freestanding inquiry into a distinct institution or body of legal doctrine, but in the end amounts to a daunting, yet exhilarating, venture into the webs of governance and control that constitute social and political life.

In this second edition of his well-received introductory overview of the Model Penal Code, Markus Dubber retains the book's original aim to serve as an accessible companion to the Code. Professor Dubber unlocks the Model Penal Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in understanding the basic contours of American criminal law. While the book's general goal and basic approach remain unchanged, its content has been thoroughly revised. Citations to primary and secondary materials have been updated and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original edition has been expanded in places to provide additional context.