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Author: Mario Sbriccoli
Publisher: Giuffrè Editore
ISBN: 8814145075
Category : Law
Languages : en
Pages : 1361
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Book Description
Author: Mario Sbriccoli
Publisher: Giuffrè Editore
ISBN: 8814145075
Category : Law
Languages : en
Pages : 1361
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Book Description
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: M. Sbriccoli
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Patricia Faraldo Cabana
Publisher: Taylor & Francis
ISBN: 1134872577
Category : Social Science
Languages : en
Pages : 245
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Book Description
Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
Author: Stephen Cummins
Publisher: Taylor & Francis
ISBN: 1134802641
Category : History
Languages : en
Pages : 305
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Book Description
Disputes, discord and reconciliation were fundamental parts of the fabric of communal living in early modern Europe. This edited volume presents essays on the cultural codes of conflict and its resolution in this period under three broad themes: peacemaking as practice; the nature of mediation and arbitration; and the role of criminal law in conflicts. Through an exploration of conflict and peacemaking, this volume provides innovative accounts of state formation, community and religion in the early modern period.
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: Alessio Assonitis
Publisher: BRILL
ISBN: 9004465219
Category : History
Languages : en
Pages : 659
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Book Description
Mining the rich documentary sources housed in Tuscan archives and taking advantage of the breadth and depth of scholarship produced in recent years, the seventeen essays in this Companion to Cosimo I de' Medici provide a fresh and systematic overview of the life and career of the first Grand Duke of Tuscany, with special emphasis on Cosimo I's education and intellectual interests, cultural policies, political vision, institutional reforms, diplomatic relations, religious beliefs, military entrepreneurship, and dynastic concerns. Contributors: Maurizio Arfaioli, Alessio Assonitis, Nicholas Scott Baker, Sheila Barker, Stefano Calonaci, Brendan Dooley, Daniele Edigati, Sheila ffolliott, Catherine Fletcher, Andrea Gáldy, Fernando Loffredo, Piergabriele Mancuso, Jessica Maratsos, Carmen Menchini, Oscar Schiavone, Marcello Simonetta, and Henk Th. van Veen.
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.
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: Sophie Body-Gendrot
Publisher: Routledge
ISBN: 1136185496
Category : Social Science
Languages : en
Pages : 571
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Book Description
This new book brings together some of the leading criminologists across Europe, to showcase the best of European criminology. This Handbook aims to reflect the range and depth of current work in Europe, and to counterbalance the impact of the – sometimes insular and ethnocentric – Anglo-American criminological tradition. The end-product is a collection of twenty-eight chapters illustrating a truly comparative and interdisciplinary European criminology. The editors have assembled a cast of leading voices to reflect on differences and commonalities, elaborate on theoretically grounded comparisons and reflect on emerging themes in criminology in Europe. After the editors’ introduction, the book is organised in three parts: five chapters offering historical, theoretical and policy oriented overviews of European issues in crime and crime control; seven chapters looking at different dimensions of crime in Europe, includingcrime trends, state crime, gender and crime and urban safety; fifteen chapters examining the variety of institutional responses, exploring issues such as policing, juvenile justice, punishment, green crime and the role of the victim. This book gives some indication of the richness and scope of the emerging comparative European criminology and will be required reading for anyone who wants to understand trends in crime and its control across Europe. It will also be a valuable teaching resource, especially at postgraduate level, as well as an important reference point for researchers and scholars of criminology across Europe.
