By studying the development of Italy's penal system, Pires Marques provides valuable insights into the wider political culture of European society. Focusing on the rise of fascism in Spain and Portugal as well as Italy, he examines the role of religious, economic and political factors in the making of penal laws.
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.
By studying the development of Italy's penal system, Pires Marques provides valuable insights into the wider political culture of European society. Focusing on the rise of fascism in Spain and Portugal as well as Italy, he examines the role of religious, economic and political factors in the making of penal laws.
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.
A pioneering regional approach to the study of international order in Central Europe following the dissolution of the Habsburg Empire, and the subsequent creation of the League of Nations.
During a period dominated by the biological determinism of Cesare Lombroso, Italy constructed a new prison system that sought to reconcile criminology with nation building and new definitions of citizenship. Italian Prisons in the Age of Positivism, 1861-1914 examines this "second wave" of global prison reform between Italian Unification and World War I, providing fascinating insights into the relationship between changing modes of punishment and the development of the modern Italian state. Mary Gibson focuses on the correlation between the birth of the prison and the establishment of a liberal government, showing how rehabilitation through work in humanitarian conditions played a key role in the development of a new secular national identity. She also highlights the importance of age and gender for constructing a nuanced chronology of the birth of the prison, demonstrating that whilst imprisonment emerged first as a punishment for women and children, they were often denied "negative" rights, such as equality in penal law and the right to a secular form of punishment. Employing a wealth of hitherto neglected primary sources, such as yearly prison statistics, this cutting-edge study also provides glimpses into the everyday life of inmates in both the new capital of Rome and the nation as a whole. Italian Prisons in the Age of Positivism, 1861-1914 is a vital study for understanding the birth of the prison in modern Italy and beyond.
Featuring contributions by distinguished scholars from ten countries, The Wiley Handbook of the History and Philosophy of Criminology provides students, scholars, and criminologists with a truly a global perspective on the theory and practice of criminology throughout the centuries and around the world. In addition to chapters devoted to the key ideas, thinkers, and moments in the intellectual and philosophical history of criminology, it features in-depth coverage of the organizational structure of criminology as an academic discipline world-wide. The first section focuses on key ideas that have shaped the field in the past, are shaping it in the present, and are likely to influence its evolution in the foreseeable future. Beginning with early precursors to criminology’s emergence as a unique discipline, the authors trace the evolution of the field, from the pioneering work of 17th century Italian jurist/philosopher, Cesare Beccaria, up through the latest sociological and biosocial trends. In the second section authors address the structure of criminology as an academic discipline in countries around the globe, including in North America, South America, Europe, East Asia, and Australia. With contributions by leading thinkers whose work has been instrumental in the development of criminology and emerging voices on the cutting edge The Wiley Handbook of the History and Philosophy of Criminology provides valuable insights in the latest research trends in the field world-wide - the ideal reference for criminologists as well as those studying in the field and related social science and humanities disciplines.
Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.
Every year, the Bibliography catalogues the most important new publications, historiographical monographs, and journal articles throughout the world, extending from prehistory and ancient history to the most recent contemporary historical studies. Within the systematic classification according to epoch, region, and historical discipline, works are also listed according to author’s name and characteristic keywords in their title.
In The Gulag after Stalin, Jeffrey S. Hardy reveals how the vast Soviet penal system was reimagined and reformed in the wake of Stalin’s death. Hardy argues that penal reform in the 1950s was a serious endeavor intended to transform the Gulag into a humane institution that reeducated criminals into honest Soviet citizens. Under the leadership of Minister of Internal Affairs Nikolai Dudorov, a Khrushchev appointee, this drive to change the Gulag into a "progressive" system where criminals were reformed through a combination of education, vocational training, leniency, sport, labor, cultural programs, and self-governance was both sincere and at least partially effective. The new vision for the Gulag faced many obstacles. Reeducation proved difficult to quantify, a serious liability in a statistics-obsessed state. The entrenched habits of Gulag officials and the prisoner-guard power dynamic mitigated the effect of the post-Stalin reforms. And the Soviet public never fully accepted the new policies of leniency and the humane treatment of criminals. In the late 1950s, they joined with a coalition of party officials, criminologists, procurators, newspaper reporters, and some penal administrators to rally around the slogan "The camp is not a resort" and succeeded in reimposing harsher conditions for inmates. By the mid-1960s the Soviet Gulag had emerged as a hybrid system forged from the old Stalinist system, the vision promoted by Khrushchev and others in the mid-1950s, and the ensuing counterreform movement. This new penal equilibrium largely persisted until the fall of the Soviet Union.