Professor of Law, University of Toronto
Research project:
Jurisprudence as a global science
Research project:
“I’m engaged in a long-term research project on conceptions of the study of law as a global discipline. To start with, I’m interested in developing an approach to legal scholarship that straddles the long-standing divide between common law and civil law systems (New Legal Science). Most recently, I’ve begun to explore the notion of legal scholarship as engaged scholarship that devotes itself to a critical analysis of contemporary law from various perspectives, including both various interdisciplinary approaches and more traditional doctrinal analysis (Rechtsdogmatik). This conception of legal scholarship would seek to overcome the distinction between common law and civil systems by rethinking the project of “legal science” (Rechtswissenschaft), which common law scholars have largely abandoned but civil law scholars (and German jurists in particular) have continued to pursue largely unchanged since the early nineteenth century. A shared conception of legal scholarship-and of law-requires, I believe, a comparative-historical approach. I have laid out such an approach in a recent programmatic paper on “New Historical Jurisprudence,” which draws on and, at the same time, reconceptualizes and reorients the project of historical jurisprudence (historische Rechtswissenschaft) generally associated with Friedrich Carl von Savigny.
During my stay at the Forschungskolleg in May-June 2016, I look forward to discussing and advancing my work on New Historical Jurisprudence and New Legal Science with colleagues at the Normative Orders Excellence Cluster as well as at the University of Frankfurt, the Max-Planck-Institute for European Legal History, and last but not least the Fellows at the Forschungskolleg Humanwissenschaften in Bad Homburg.
Events:
June 10, 2016, 11:30 a.m.
Paper Presentation
“Of Peace and Police: Household Discipline, State Punishment, and Global Governance”
Research project:
New Legal Science and the Dual Penal State
Research project:
“I plan to begin preliminary work on a long-term research project, tentatively entitled “The New Legal Science and the Dual Penal State.” In this project, I hope to pursue two, related, goals: (1) to develop an approach to the study of law beyond traditional parochial boundaries and (2) to put this approach to the test in a study of contemporary penality in Western liberal democratic states. I plan to carry out the first part of this project by undertaking a historical and comparative analysis of conceptions of legal science (Rechtswissenschaft), investigating critiques of these conceptions, and then developing a modern account of legal science that absorbs these critiques and overcomes limitations of previous conceptions. I hope thereby to help bridge the fundamental divide between the study of law in common law and civil law countries, marked by the abandonment of the project of legal science in the former and its continued pursuit in the latter, and ultimately to facilitate the transformation of law from a parochial into a global discipline.” (Markus Dubber)
Events:
Paper Presentation, June 10, 2015
The Schizophrenic Jury and Other Palladia of Liberty. A Critical Historical Analysis
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Biografische Angaben
Markus Dubber is Professor of Law at the University of Toronto, Canada. His research focuses on criminal law, legal history and legal theory. Currently, the former judge and co-editor of the Oxford Handbook of Criminal Law is working on a critical comparison and a global perspective of continental European civil law and Anglo-Saxon common law and the associated forms of jurisprudence. He studied at Harvard and earned his doctorate at Stanford. -
Publikationen
New Historical Jurisprudence: Legal History as Critical Analysis of Law, In: Critical Analysis of Law, Vol 2, No 1 (2015), pdf: Hier… An Introduction to the Model Penal Code, Oxford: Oxford University Press, 2. Auflage, 2015. The Oxford Handbook of Criminal Law (Hrsg. mit Hörnle), Oxford: Oxford University Press, 2014. Foundational Texts in Modern Criminal Law (Hrsg.), Oxford: Oxford University Press, 2014. Criminal Law: A Comparative Approach (Co-Hrsg. mit Hörnle), Oxford University Press 2014. Law Books in Action: Essays on the Anglo-American Legal Treatise (Hrsg. mit Fernandez), Oxford: Hart Publishing, 2012. The Handbook of Comparative Criminal Law, (Hrsg. mit Heller), Stanford: Stanford University Press, 2010. Police and the Liberal State (Hrsg. mit Valverde), Stanford: Stanford University Press, 2008. Modern Histories of Crime and Punishment, (Hrsg. mit Farmer), Stanford: Stanford University Press, 2007. The Sense of Justice: Empathy in Law and Punishment, New York: New York University Press, 2006. The Police Power: Patriarchy and the Foundations of American Government, New York: Columbia University Press, 2005. Victims in the War on Crime: The Use and Abuse of Victims’ Rights, New York: New York University Press, 2002. Criminal Law: A Comparative Approach (Co-Hrsg. mit Hörnle), Oxford University Press 2014. The New Police Science: The Police Power in Domestic and International Governance (Co-Hrsg. mit Valverde), Stanford University Press 2006. Einführung in das US-amerikanische Strafrecht, Beck, München 2005.