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The Police Power:

Patriarchy And the Foundations of American Government
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Columbia University Press, 2005 - Law - 268 pages

Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. 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. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.

  

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Contents

Police as Patria Potestas
3
Blackstones Police
47
Continental Police Science
63
American Police Power
79
Policing the New Republic
81
Definition by Exclusion
120
Police Power and Commerce Power
139
Police Law Criminal Law
155
The Forgotten Power and the Problem of Legitimation
157
The Law of Police Internal and External Constraints
180
Lochners Law and Substantive Due Process
190
Toward a Critical Analysis of Police and Punishment
211
Notes
219
Index
259
Copyright

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References from web pages

The Police Power: Patriarchy and the Foundations of American ...
Vol. 15 No.5 (May 2005), pp.439-443. THE POLICE POWER: PATRIARCHY AND THE FOUNDATIONS OF AMERICAN GOVERNMENT, by Markus Dirk Dubber. ...
www.bsos.umd.edu/ gvpt/ lpbr/ subpages/ reviews/ dubber505.htm

| Book Review | The American Historical Review, 111.2 | The ...
The Police Power: Patriarchy and the Foundations of American Government. New York: Columbia University Press. 2005. Pp. xvi, 268. $50.00. ...
www.historycooperative.org/ journals/ ahr/ 111.2/ br_41.html

Dubber publications
The Police Power: Patriarchy and the Foundations of American Government [intro (Word)]; Law’s Empathy: The Sense of Justice and the Life of the Law [intro ...
wings.buffalo.edu/ law/ bclc/ web/ publications%20book%20cover%20pix.html

The New Police Science: The Police Power in Domestic and ...
He is the author of The Police Power: Patriarchy and the Foundations of American Government (2005) and Victims in the War on Crime: The Use and Abuse of ...
www.sup.org/ book.cgi?book_id=5392%20%20

【楽天市場】The Police Power: Patriarchy and the Foundations of ...
The Police Power: Patriarchy and the Foundations of American Government(The ... The Police Power: Patriarchy and the Foundations of American Government ...
item.rakuten.co.jp/ book/ 4773668/

Criminal Law
Dirk Dubber, The Police Power: Patriarchy and the Foundations of American Government (2005). 7. See Markus Dirk Dubber, ‘Toward a Constitutional Law of ...
papers.ssrn.com/ sol3/ Delivery.cfm/ SSRN_ID876110_code75272.pdf?abstractid=876110& mirid=1

About the author (2005)

Markus Dirk Dubber is professor of law and director of the Buffalo Criminal Law Center at the State University of New York, Buffalo. He is the author of Victims in the War on Crime: The Use and Abuse of Victims'Rights, American Criminal Law (with Mark Kelman) and Criminal Law: Model Penal Code.

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