Markus D. Dubber

Bio: Markus D. Dubber is an academic researcher from University of Toronto. The author has contributed to research in topics: Criminal law & Comparative law. The author has an hindex of 19, co-authored 98 publications receiving 1233 citations. Previous affiliations of Markus D. Dubber include State University of New York System & University at Buffalo.

The Police Power: Patriarchy and the Foundations of American Government

Abstract: Acknowledgments Introduction: "The Power to Govern Men and Things" Part I. From Household Governance to Political Economy 1. Police as Patria Potestas 2. Blackstone's 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 Part III. Police, Law, Criminal Law 7. The Forgotten Power and the Problem of Legitimation 8. The Law of Police: Internal and External Constraints 9. Lochner's Law and Substantive Due Process Conclusion: Toward a Critical Analysis of Police and Punishment Index

Policing Possession: The War on Crime and the End of Criminal Law

Abstract: The war on crime has been the dominant ideology of American criminal law for the past three decades. This paper examines the inner workings of this remarkably successful, yet still little understood, strategy of social control. Particular attention is paid to the role of victimless crimes, and possession in particular, as sweep offenses to incapacitate dangerous undesirables. Easy to detect and to prove, yet far more potent and less vulnerable to constitutional scrutiny, possession emerges as the new and improved vagrancy, a modern policing tool for a modern police regime, the war on victimless crime.

Victims in the War on Crime: The Use and Abuse of Victims' Rights

Abstract: AcknowledgmentsIntroductionI The War on Victimless Crime1 Waging the War on Crime2 Policing Possession 3 State Nuisance ControlII Vindicating Victims' Rights4 The Legitimate Core of Victims' Rights 5 Vindicating Victims 6 The Law of Victim- and Offenderhood Conclusion NotesIndex About the Author

Policing Possession: The War on Crime and the End of Criminal Law

Abstract: The war on crime has been the dominant ideology of American criminal law for the past three decades. This paper examines the inner workings of this remarkably successful, yet still little understood, strategy of social control. Particular attention is paid to the role of victimless crimes, and possession in particular, as sweep offenses to incapacitate dangerous undesirables. Easy to detect and to prove, yet far more potent and less vulnerable to constitutional scrutiny, possession emerges as the new and improved vagrancy, a modern policing tool for a modern police regime, the war on victimless crime. Language: en

Rule by law : the politics of courts in authoritarian regimes

Abstract: 1. Introduction Tom Ginsburg and Tamir Moustafa 2. Of judges and generals: security courts under authoritarian regimes in Argentina, Brazil, and Chile Anthony Pereira 3. Administrative law and judicial control of agents in authoritarian regimes Tom Ginsburg 4. Singapore: the exception that proves rules matter Gordon Silverstein 5. Judicial independence in authoritarian regimes: insights from Chile Lisa Hilbink 6. Law and resistance in authoritarian states: the Egyptian case Tamir Moustafa and Simon Fraser 7. Courts out of context: the authoritarian sources of judicial failure in Chile (1973-90) and Argentina (1976-83) Robert Barros 8. An authoritarian enclave? The supreme court in Mexico's emerging democracy Beatriz Magaloni 9. The institutional diffusion of courts in China: evidence from survey data Pierre Landry 10. Building judicial independence in semi-democracies: Uganda and Tanzania Jennifer Widner 11. Judicial power in authoritarian states: the Russian experience Peter Solomon 12. Courts in a semi-democratic/authoritarian regime: the judicialization of Turkish and Iranian politics Hootan Shambayati 13. Judicial systems and economic development Hilton Root and Karen May 14. Courts in authoritarian regimes Martin Shapiro.

Terrorism and the politics of fear

Abstract: This article examines how news reports about terrorism in five nationally prominent U.S. newspapers reflect the terms and discourse associated with the politics of fear, or decision makers' promotion and use of audience beliefs and assumptions about danger, risk, and fear, to achieve certain goals. Qualitative data analysis of the prevalence and meaning of the words fear, victim, terrorism, and crime 18 months before and after the attacks of September 11, 2001, shows that terrorism and crime are now linked very closely with the expanding use of fear, there was a dramatic increase in linking terrorism to fear, coverage of crime and fear persisted but at a very low rate, and there was a large increase in news reports linking terrorism to victim. The implications for the social constructionist approach to social problems and social control are discussed.

Jurisdiction and Scale: Legal `Technicalities' as Resources for Theory:

Abstract: Since the 1980s, critical studies of law and space have fruitfully explored the insight that law's mechanisms can be understood in part as mapping exercises. Existing work on law's scales (especial...

Seeing Like a City: The Dialectic of Modern and Premodern Ways of Seeing in Urban Governance

Abstract: Studies of urban governance, as well as the overlapping literature on law and space, have been heavily influenced by critical analyses of how spatial techniques helped constitute modern disciplinary powers and knowledges. The rise of land-use control and land-use planning seem at first sight to be perfect examples of the disciplining of populations through space by the kind of governmental gaze dubbed by Scott (1998) as "seeing like a state." But a detailed genealogical study that puts the emergence of the notion of "land use" in the broader context of urban governance technologies reveals that modernist techniques of land use planning, such as North American zoning, are more flexible, contradictory, and fragile than critical urbanists assume. Legal tools of premodern origin that target nonquantifiable offensiveness and thus construct an embodied and relational form of urban subjectivity keep reappearing in the present day. When cities attempt to govern conflicts about the use of space through objective rules, these rules often undermine themselves in a dialectical process that results in the return to older notions of offensiveness. This article argues that the dialectical process by which modernist "seeing like a state" techniques give way to older ways of seeing (e.g., the logic of nuisance) plays a central role in the epistemologically hybrid approach to governing space that is here called "seeing like a city." Theorizing Law's Spatial Governance Critical studies of the legal governance of space, and of the legal governance of problematic activities and people through space, have amply documented the historical emergence, in modern European societies, of ways of seeing that presuppose that both physical space and the space of governance are abstract, flat, and homogeneous. This phenomenon has been studied in Foucault's work on disciplinary institutions, in Poovey's study of nineteenthcentury reformers' medico-moral gaze, in Harvey's neo-Marxist account of spatial governance, and in Scott's extremely influential work, Seeing Like a State, among many sources (Blomley et al. 2001; Foucault 1979, 2004; Harvey [1973](2006); Poovey 1995; Scott 1998). Critical studies of modernist ways of seeing and managing space have also been influenced by de Certeau's ruminations on the contrast between impersonal, objective "space" and lived, practiced "place" (de Certeau 1984:119) as well as by the voluminous literature on the power effects of European mapping practices (e.g., Jacob 2006, a book dedicated to de Certeau). Theoretically oriented law-and-geography scholars also often rely on Lefebvre's quite unreadable but much cited work The Production of Space, published in French in 1974, a work that develops, in a philosophical vein, many of the same arguments made by Scott, though by tying what he calls "the production of abstract space" to capitalism (Lefebvre 1991).1 One of the reasons for the popularity of the "seeing like a state" trope is one that links Scott to Foucault: namely, that, unlike Lefebvre's Marxist view, Scott's analysis (like Foucault's) ignored left-right divides and demonstrated that communist and capitalist states have actually used many of the same techniques for identifying and solving problems. Scott's identification of the top-down, expert-driven, bird'seye- view epistemology typically found in modernist governmental projects has been tremendously influential. His book has been excerpted in several anthologies for students and has been cited thousands of times (according to Google scholar). The notion of "seeing like a state" has also been seen as relevant to sociolegal issues well beyond those studied by Scott (which ranged from forest management to urban planning). For instance, Garland's influential account of contemporary criminal justice issues states that during much of the twentieth century criminal justice policy was driven by a belief in the virtues of expert intervention and largescale reform that was a criminological version of Scott's "high modernism" (Garland 2001:34). …

The Impact of Emotional Labor and Value Dissonance on Burnout Among Police Officers

Abstract: Burnout among police officers is a well-documented phenomenon, with police exhibiting significantly rates significantly higher than other occupations. This is not surprising considering the inherent dangers and challenges police face in the course of their duties. However, police are also subject to a host of institutional and cultural forces that are likely to contribute to burnout. This study examines the variety of ways self-processes, societal and institutional policing values, and demands for emotional presentation on police officers interact to produce burnout. Using data collected from a survey of police officers in the Pacific Northwest (N = 109), we assess three primary hypotheses: (a) The greater the emotional management required of officers, the greater will be their levels of burnout, (b) The greater the dissonance between officer’s own values and those of various reference groups, the greater will be their levels of burnout, and (c) In combination, value dissonance and emotional labor should produce higher levels of burnout than either would independently produce. Results provide mixed support for these hypotheses suggesting that value dissonance only exhibits independent effects on burnout rooted in depersonalization, whereas effects of emotional dissonance vary depending on the type of burnout under consideration. Implications for theory, research, and practice are discussed.