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0. Preface
1. Introduction
- A. Overview
- New
Legal Science in the Dual Penal State: Critical
Analysis of Law and the Legitimacy of State Power
(2025/2026) (English)
(German)*
(Italian)*
(Spanish)*
- * with
commentary (Thomas Weigend; Stefano Manacorda;
Manuel Cancio Meliá)
- A
Political Theory of Criminal Law: Autonomy and the
Legitimacy of State Punishment (download
draft)
- B.
Methodology
- Foundations
of State Punishment in Modern Liberal Democracies:
Toward a Genealogy of American Criminal Law (download
draft)
- Grounding
Criminal Law: Foundational Texts in
Comparative-Historical Perspective (download
draft)
- Comparative
Criminal Law (download
draft)
- The
Promise of German Criminal Law: A Science of Crime
and Punishment (download
draft)
- Modern
Penality in Interdisciplinary Perspective: Toward
a Critical Analysis of the American Penal State (download
draft)
- New
Historical Jurisprudence: Legal History as
Critical Analysis of Law (download
paper)
- Paradigms
of Penal Law (download
draft)
- C. Law and
Police
- D. Penal Law
and Penal Police
- Two
Modes of Penality
- The
New Police Science and the Police Power Model
of the Criminal Process (download
draft)
- Criminal
Police and Criminal Law in the Rechtsstaat
(download
draft)
- The
Right to Be Punished: Autonomy and Its Demise
in Modern Penal Thought (download
draft)
- Related
Concepts
- Prevention
- Regulation
- Citizenship
- Dignity
- E. Penal Law
as Public Law
2. Preliminary: Foundations and Frameworks
- A.
Constitutional Foundations
- United
States
- Criminal
Justice in America: Constitutionalization
Without Foundation (download
draft)
- ‘An
Extraordinarily Beautiful Document’:
Jefferson’s Bill for Proportioning Crimes and
Punishments and the Challenge of Republican
Punishment (download
draft)
- Toward
a Constitutional Law of Crime and Punishment (download
draft)
- Germany
- Policing
Morality: Constitutional Law and the
Criminalization of Incest (download
draft)
- Ultima
Ratio as Caveat Dominus: Legal
Principles, Police Maxims, and the Critical
Analysis of Law (download
draft) (in Portuguese)
- B. Principle
of Legality (nulla poena)
- Domestic
Criminal Law
- The
Legality Principle in American and German
Criminal Law: An Essay in Comparative Legal
History. (download
draft)
- Commonwealth
v. Keller: The Irrelevance of the Legality
Principle in American Criminal Law (download
draft)
- International
Criminal Law
- Common
Civility: The Culture of Alegality in
International Criminal Law (download draft)
- C.
Codification
- The Model
Penal Code, Legal Process, and the Alegitimacy of
American Penality (download
draft)
- Penal
Panopticon: The Idea of a Modern Model Penal Code (download
draft)
- The
Historical Analysis of Criminal Codes (download
draft)
- The Model
Penal Code and European Criminal Law (download
draft)
- D.
Jurisdiction
- Criminal
Jurisdiction and Conceptions of Penality in
Comparative Perspective (download
draft)
3. General Part: Principles of Liability
- A.
Personhood
- B. Empathy
- C.
Corporations
- The
Comparative History of Corporate Criminal
Liability in German and American Law (download
draft) (in German)
4. Special Part: Specific Offenses
- A. Offense:
Substantive and Formal Aspects
- Rechtsgut
- Theories
of Crime and Punishment in German Criminal Law
(download
draft)
- The
Possession Paradigm: The Special Part and the
Police Power Model of the Criminal Process
- Policing
Possession: The War on Crime and the End of
Criminal Law (download
draft)
- B. Offenses
- Controlled
Substances
- Incest
- Policing
Morality: Constitutional Law and the
Criminalization of Incest (download
draft)
- Treason
- The
State as Victim: Treason and the Paradox of
American Criminal Law (download
draft)
- Terrorism
5. Punishment,
Process, Prison
- Overview
- Criminal
Process in the Dual Penal State: A
Comparative-Historical Analysis (download
draft)
- A.
Punishment
- Quality
and Quantity
- Capital
punishment, indeterminate sentencing, gross
disproportionality
- Labels:
Punishment, treatment, measure, penalty, penance
- Collateral:
Disenfranchisement, forfeiture of citizenship
- B.
Imposition
- The
Criminal Trial and the Legitimation of Punishment
(download)
- Miscarriage
of Justice as Misnomer (download)
- What's
Wrong with Wrongful Convictions?
- American
Plea Bargains, Germany Lay Judges, and the Crisis
of Criminal Procedure (download
paper)
- The
Schizophrenic Jury and Other Palladia of Liberty:
A Critical Historical Analysis (download
draft)
- C.
Infliction
- Penal
Execution between Police and Law
6. Other Resources
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