The Police Power: Patriarchy and the Foundations of American Government
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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1 Police as Patria Potestas
2 Blackstones Police
3 Continental Police Science
Part II American Police Power
4 Policing the New Republic
5 Definition by Exclusion
6 Police Power and Commerce Power
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Alger authority autonomy Bentham Blackstone’s century colonial Commentaries commerce common law common law misdemeanor concept of police crime criminal law disciplinary discipline economy English Law Ernst Freund exercise fact fealty federal felony Frederic William Maitland Frederick Pollock Georg-Christoph von Unruh harm History of English household governance householder’s inchoate offense inferior judicial jurisprudence justice king Laws of England legislation legitimacy limits Lochner lord lord’s macro household matter means Medieval mens rea micro mode of governance mund nuisance objects of police one’s origin Otto Brunner particular persons police measure police offenses police power police regulation Policy and Constitutional political Polizei Polizeiwissenschaft Pollock and Frederic power to police prevent principles prison protect public police public welfare offenses realm royal salus Sayre scrutiny Shaw slaves social state’s substantive due process Supreme Court threats Tiedeman tion treason Treatise vagrancy villein violation whipping William Blackstone