Author: Thomas W. Palmer (Jr.)
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 188

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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:
Publisher:
ISBN:
Category : Education
Languages : en
Pages : 676

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 678

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Author: University of Texas at Austin. Library. Latin American Collection
Publisher:
ISBN:
Category : Latin America
Languages : en
Pages : 806

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Author: Massachusetts
Publisher:
ISBN:
Category : Massachusetts
Languages : en
Pages : 1546

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Author: Michele Pifferi
Publisher: Routledge
ISBN: 1000476294
Category : History
Languages : en
Pages : 302

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Book Description
The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.

Author: Helen Lord Clagett
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 150

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Book Description
Intended as a supplement to: Guide to the law and legal literature of Argentina, Brazil and Chile / Edwin M. Borchard. G.P.O., 1917.

Author:
Publisher:
ISBN:
Category : Science
Languages : en
Pages : 674

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Author: State Library of Massachusetts
Publisher:
ISBN:
Category : Library catalogs
Languages : en
Pages : 712

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