Thursday, June 29, 2017

Dubber on 19th-Century European Criminal Law

Markus D. Dubber, University of Toronto Faculty of Law, has posted Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth and Twentieth Century, which is forthcoming in the Oxford Handbook of European Legal History, edited by him and Christopher Tomlins:
This paper has two parts. The first part reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth century. The second part lays out an alternative, two-track, conception of "modern" European criminal legal history. It does this by taking an upside-down - or outside-in - view of the subject, by focusing on an understudied, but fascinating, project of European criminal law: the invention, implementation, and evolution of colonial criminal law.