Modern Histories of Crime and Punishment

Markus D. Dubber is Professor of Law and Director of the Buffalo Criminal Law Center at SUNY Buffalo School of Law. His books include The Police Power: Patriarchy and the Foundations of American Government (2005), The Sense of Justice: Empathy in Law and Punishment (2006), and The New Police Science: The Police Power in Domestic and International Governance (coedited with M. Valverde; Stanford, 2006). Lindsay Farmer is Professor of Law at the University of Glasgow and author of Criminal Law, Tradition and Legal Order (1997), and The Trial on Trial (3 vols.) (coedited with R.A. Duff, V. Tadros, & S. Marshall, 2004-07).

• Contents Contributorsiii Introduction: Regarding Criminal Law Historically Markus D. Dubber and Lindsay Farmer1 1.Character, Capacity, Outcome: Toward a Framework for Assessing the Shifting Pattern of Criminal Responsibility in Modern English Law Nicola Lacey000 2.Criminal Responsibility and the Proof of Guilt Lindsay Farmer000 3."An Inducement to Morbid Minds": Politics and Madness in the Victorian Courtroom Joel Peter Eigen000 4.The Meaning of Killing Guyora Binder000 5."An Extraordinarily Beautiful Document": Jefferson's Bill for Proportioning Crimes and Punishments and the Challenge of Republican Punishment Markus D. Dubber000 6.The Myth of Private Prosecution in England, 1790-1850 Bruce P. Smith000 7.Hans Litten and the Politics of Criminal Law in the Weimar Republic Benjamin Hett000 8.Civilizing Darwin: Holmes on Criminal Law Gerry Leonard000 9.Bodies, Words, Identities: The Moving Targets of the Criminal Law Mariana Valverde000 10.Criminal Law at a Fault Line of Imperial Authority: Inter- Racial Homicide Trials in British India Martin Wiener000 11.Crime and Punishment on the Tea Plantations of Colonial India Elizabeth Kolsky000 12."Enfeebling the Arm of Justice": Perjury and Prevarication in British India Wendie Ellen Schneider000 Index

"Intricacy and depth of scholarship... characterize the chapters. Modern Histories of Crime and Punishment has been a bracing intellectual excursion, and... I found each of the articles to range from interesting to fascinating."—Law and Politics Book Review "This collection of highly original works explores the construction of criminal law discourse and its problematic relationship to the enterprise of state punishment. There are many scholars whose work intersects with this volume, but no other published collection on the history of substantive criminal law offers anything like the range and coherence put forth here."—Jonathan Simon, Boalt Hall School of Law, UC Berkeley "Modern Histories of Crime and Punishment involves an original and interdisciplinary approach to the area of criminal law. This is an exceptional book." —Alan Norrie, King's College, London