Markus D. Dubber, University of Toronto Faculty of Law, is publishing Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth and Twentieth Century in the Oxford Handbook of European Legal History (forthcoming). Here is the abstract.
This paper has two parts. The first part reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth century. The second part lays out an alternative, two-track, conception of "modern" European criminal legal history. It does this by taking an upside-down -- or outside-in -- view of the subject, by focusing on an understudied, but fascinating, project of European criminal law: the invention, implementation, and evolution of colonial criminal law.Download the essay from SSRN at the link.