Criminal Law in Liberal and Fascist Italy PDF Download
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Author: Paul Garfinkel
Publisher: Cambridge University Press
ISBN: 1316817733
Category : History
Languages : en
Pages : 907
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Book Description
By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861–1922) to the Fascist era (1922–43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.
Author: Paul Garfinkel
Publisher: Cambridge University Press
ISBN: 1316817733
Category : History
Languages : en
Pages : 907
Get Book Here
Book Description
By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861–1922) to the Fascist era (1922–43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.
Author: Aniceto Masferrer
Publisher: Springer
ISBN: 3319719122
Category : Law
Languages : en
Pages : 427
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Book Description
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Author: Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin
Publisher:
ISBN:
Category : Berlin (Germany)
Languages : en
Pages : 1046
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Book Description
Author: Arthur MacDonald
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 444
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Book Description
Author: Arthur Mac Donald
Publisher:
ISBN:
Category :
Languages : en
Pages : 454
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Book Description
Author: Stephen Skinner
Publisher: Bloomsbury Publishing
ISBN: 1509910824
Category : Law
Languages : en
Pages : 513
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Book Description
With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Author: David Horn
Publisher: Routledge
ISBN: 1317958195
Category : Social Science
Languages : en
Pages : 228
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Book Description
This fascinating book traces the evolution of the "criminal body" by focusing on the work of Cesare Lombroso, an Italian physician and anthropologist, who is widely held to be the father of modern criminology. Building on Lombroso's concept of the "born criminal" and the idea that bodies could be used as evidence in criminal investigations, The Criminal Body offers an intriguing window into the origins of today's criminological science.
Author: David G. Horn
Publisher: Psychology Press
ISBN: 9780415947299
Category : Social Science
Languages : en
Pages : 228
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Book Description
Table of contents
Author: Stephen Skinner
Publisher: Bloomsbury Publishing
ISBN: 178225546X
Category : Law
Languages : en
Pages : 236
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Book Description
Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.
Author: Francesco Cassata
Publisher: Central European University Press
ISBN: 9639776831
Category : Science
Languages : en
Pages : 439
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Book Description
Based on previously unexplored archival documentation, this book offers the first general overview of the history of Italian eugenics, not limited to the decades of Fascist regime, but instead ranging from the beginning of the 1900s to the first half of the 1970s. The Author discusses several fundamental themes of the comparative history of eugenics: the importance of the Latin eugenic model; the relationship between eugenics and fascism; the influence of Catholicism on the eugenic discourse and the complex links between genetics and eugenics. It examines the Liberal pre-fascist period and the post-WW2 transition from fascist and racial eugenics to medical and human genetics. As far as fascist eugenics is concerned, the book provides a refreshing analysis, considering Italian eugenics as the most important case-study in order to define Latin eugenics as an alternative model to its Anglo-American, German and Scandinavian counterparts. Analyses in detail the nature-nurture debate during the State racist campaign in fascist Italy (1938–1943) as a boundary tool in the contraposition between the different institutional, political and ideological currents of fascist racism.
