Markus Dubber's Books

An Introduction to the Model Penal Code

By: Markus D. Dubber

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An Introduction to the Model Penal Code

By: Markus D. Dubber

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.

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Page Count

250

Publisher

Oxford University Press

Published Date

ISBN 10

0190243074

ISBN 13

9780190243074

The Police Power

Patriarchy and the Foundations of American Government

By: Markus Dirk Dubber

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The Police Power

Patriarchy and the Foundations of American Government

By: Markus Dirk Dubber

Mariana Valverde, University of Toronto, author of Law's Dream of a Common Knowledge.

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Page Count

290

Publisher

Columbia University Press

Published Date

ISBN 10

0231132077

ISBN 13

9780231132077

Criminal Law

A Comparative Approach

By: Markus Dubber,Tatjana Hörnle

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Criminal Law

A Comparative Approach

By: Markus Dubber,Tatjana Hörnle

Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.

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Page Count

710

Publisher

OUP Oxford

Published Date

ISBN 10

0191030678

ISBN 13

9780191030673

The New Police Science

The Police Power in Domestic and International Governance

By: Markus Dirk Dubber,Mariana Valverde

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The New Police Science

The Police Power in Domestic and International Governance

By: Markus Dirk Dubber,Mariana Valverde

This interdisciplinary and international volume provides a critical analysis of the power to police as a basic technology of modern government found 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 peace keeping.

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Page Count

332

Publisher

Stanford University Press

Published Date

ISBN 10

080475392X

ISBN 13

9780804753920

The Sense of Justice

Empathy in Law and Punishment

By: Markus Dirk Dubber

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The Sense of Justice

Empathy in Law and Punishment

By: Markus Dirk Dubber

In The Sense of Justice, distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the “sense of justice”: an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied to all. Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy—the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.

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Page Count

216

Publisher

NYU Press

Published Date

ISBN 10

0814719732

ISBN 13

9780814719732

The Police Power

Patriarchy and the Foundations of American Government

By: Markus Dirk Dubber

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The Police Power

Patriarchy and the Foundations of American Government

By: Markus Dirk Dubber

This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police--the most expansive and least limitable of governmental powers--by focusing on its most obvious and problematic manifestation: criminal law.

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Page Count

300

Publisher

Columbia University Press

Published Date

ISBN 10

0231132069

ISBN 13

9780231132060

An Introduction to the Model Penal Code

By: Markus Dirk Dubber

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An Introduction to the Model Penal Code

By: Markus Dirk Dubber

In the second edition of his introductory overview of the Model Penal Code (now titled 'An Introduction to the Model Penal Code'), Markus Dubber retains the book's original aim, approach, and structure as a companion to the Code. Reflecting the Code's attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code's potential as a key to American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law.

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Page Count

250

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0190243058

ISBN 13

9780190243050

The Dual Penal State

The Crisis of Criminal Law in Comparative-Historical Perspective

By: Markus D. Dubber

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The Dual Penal State

The Crisis of Criminal Law in Comparative-Historical Perspective

By: Markus D. Dubber

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.

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Page Count

320

Publisher

Oxford University Press

Published Date

ISBN 10

0191061786

ISBN 13

9780191061783

Cinema Babel

Translating Global Cinema

By: Markus Nornes

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Cinema Babel

Translating Global Cinema

By: Markus Nornes

Uncovering the vital role of interpreters, dubbers and subtitlers in global film, Nornes examines the relationships between moving-image media and translation and contends that film was a globalized medium from its beginning and that its transnational traffic has been greatly influenced by interpreters.

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Page Count

299

Publisher

U of Minnesota Press

Published Date

ISBN 10

0816650411

ISBN 13

9780816650415

The Dual Penal State

The Crisis of Criminal Law in Comparative-Historical Perspective

By: Markus D. Dubber

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The Dual Penal State

The Crisis of Criminal Law in Comparative-Historical Perspective

By: Markus D. Dubber

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320

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Oxford University Press

Published Date

ISBN 10

0191061786

ISBN 13

9780191061783

Public Security in the Negotiated State

Policing in Latin America and Beyond

By: Markus-Michael Müller

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Public Security in the Negotiated State

Policing in Latin America and Beyond

By: Markus-Michael Müller

Policing and security governance in areas of limited statehood have become central issues in contemporary academic and political debates. This book offers an in-depth study on public security provision, the resulting state-society relations, and policing in Mexico City.

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Page Count

282

Publisher

Springer

Published Date

ISBN 10

0230355579

ISBN 13

9780230355576

Rethinking Self-Defence

The 'Ancient Right's' Rationale Disentangled

By: T Markus Funk

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Rethinking Self-Defence

The 'Ancient Right's' Rationale Disentangled

By: T Markus Funk

Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.

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Page Count

307

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509934189

ISBN 13

9781509934188

Victims' Rights and Advocacy at the International Criminal Court

By: T. Markus Funk

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Victims' Rights and Advocacy at the International Criminal Court

By: T. Markus Funk

Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.

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Page Count

594

Publisher

Oxford University Press

Published Date

ISBN 10

0190236698

ISBN 13

9780190236694

Victims in the War on Crime

The Use and Abuse of Victims' Rights

By: Markus Dirk Dubber

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Victims in the War on Crime

The Use and Abuse of Victims' Rights

By: Markus Dirk Dubber

The first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime.

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Page Count

411

Publisher

NYU Press

Published Date

ISBN 10

0814719295

ISBN 13

9780814719299

The Sense of Justice

Empathy in Law and Punishment

By: Markus Dirk Dubber

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The Sense of Justice

Empathy in Law and Punishment

By: Markus Dirk Dubber

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Page Count

216

Publisher

NYU Press

Published Date

ISBN 10

0814719732

ISBN 13

9780814719732

Criminal Law

A Comparative Approach

By: Markus Dubber,Tatjana Hörnle

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Criminal Law

A Comparative Approach

By: Markus Dubber,Tatjana Hörnle

A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.

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Page Count

710

Publisher

Oxford University Press

Published Date

ISBN 10

0199589607

ISBN 13

9780199589609

Law Books in Action

Essays on the Anglo-American Legal Treatise

By: Angela Fernandez,Markus Dubber

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Law Books in Action

Essays on the Anglo-American Legal Treatise

By: Angela Fernandez,Markus Dubber

Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.

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Page Count

262

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

184731922X

ISBN 13

9781847319227

American Criminal Law

Cases, Statutes, and Comments

By: Markus Dirk Dubber,Mark Kelman

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American Criminal Law

Cases, Statutes, and Comments

By: Markus Dirk Dubber,Mark Kelman

This book is the first basic criminal law book that responds to the demand to put criminal law in comparative perspective, by exploring transnational comparisons and connections to other first year courses (especially torts and contracts). The second edition amplifies the book's distinctive comparative features by adding further transnational materials to enliven and enrich discussion."--Publisher's website.

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Page Count

980

Publisher

Foundation Press

Published Date

ISBN 10

1599416425

ISBN 13

9781599416427

Book's by Markus Dubber

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