The Western Codification of Criminal Law

The Western Codification of Criminal Law PDF 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.

The Western Codification of Criminal Law

The Western Codification of Criminal Law PDF Author: Aniceto Masferrer
Publisher: Springer
ISBN: 3319719122
Category : Law
Languages : en
Pages : 427

Get Book Here

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.

Internationales und Ausländisches Recht

Internationales und Ausländisches Recht PDF 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


Criminal Law in Liberal and Fascist Italy

Criminal Law in Liberal and Fascist Italy PDF 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.

Tijdschrift voor strafrecht

Tijdschrift voor strafrecht PDF Author:
Publisher:
ISBN:
Category : Criminal law
Languages : nl
Pages : 618

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Book Description


Storia del diritto penale e della giustizia

Storia del diritto penale e della giustizia PDF Author: Mario Sbriccoli
Publisher: Giuffrè Editore
ISBN: 8814145075
Category : Law
Languages : it
Pages : 1361

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Book Description


Bulletin of the New York Public Library

Bulletin of the New York Public Library PDF Author: New York Public Library
Publisher:
ISBN:
Category : Bibliography
Languages : en
Pages : 790

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Book Description
Includes its Report, 1896-19 .

List of Works Relating to Criminology

List of Works Relating to Criminology PDF Author: New York Public Library
Publisher:
ISBN:
Category : Corrections
Languages : en
Pages : 386

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Book Description


The Reception of Positivism in Spain

The Reception of Positivism in Spain PDF Author: José Franco-Chasán
Publisher: Springer Nature
ISBN: 3031464354
Category :
Languages : en
Pages : 233

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Book Description


List of Works in the New York Public Library Relating to Criminology, Pt. [1]-7

List of Works in the New York Public Library Relating to Criminology, Pt. [1]-7 PDF Author: New York Public Library
Publisher:
ISBN:
Category :
Languages : en
Pages : 476

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Book Description


Fascism and Criminal Law

Fascism and Criminal Law PDF Author: Stephen Skinner
Publisher: Bloomsbury Publishing
ISBN: 1782255478
Category : Law
Languages : en
Pages : 357

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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.