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Author: Paul Garfinkel
Publisher: Cambridge University Press
Published: 2016
Total Pages: 555
ISBN-13: 1107108918
DOWNLOAD EBOOKThe author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history.
Author: Stephen Skinner
Publisher: Bloomsbury Publishing
Published: 2015-02-26
Total Pages: 236
ISBN-13: 178225546X
DOWNLOAD EBOOKFascism 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: Kevin Passmore
Publisher: OUP Oxford
Published: 2014-05-29
Total Pages: 185
ISBN-13: 0191508551
DOWNLOAD EBOOKWhat is fascism? Is it revolutionary? Or is it reactionary? Can it be both? Fascism is notoriously hard to define. How do we make sense of an ideology that appeals to streetfighters and intellectuals alike? That is overtly macho in style, yet attracts many women? That calls for a return to tradition while maintaining a fascination with technology? And that preaches violence in the name of an ordered society? In the new edition of this Very Short Introduction, Kevin Passmore brilliantly unravels the paradoxes of one of the most important phenomena in the modern world—tracing its origins in the intellectual, political, and social crises of the late nineteenth century, the rise of fascism following World War I, including fascist regimes in Italy and Germany, and the fortunes of 'failed' fascist movements in Eastern Europe, Spain, and the Americas. He also considers fascism in culture, the new interest in transnational research, and the progress of the far right since 2002. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: Stephen Skinner
Publisher: Bloomsbury Publishing
Published: 2015-02-26
Total Pages: 357
ISBN-13: 1782255478
DOWNLOAD EBOOKFascism 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: Jonathan Dunnage
Publisher: Bloomsbury Publishing USA
Published: 1997-11-25
Total Pages: 216
ISBN-13: 0313370370
DOWNLOAD EBOOKBased on original research using official documents, this illuminating account of the role of the police in the rise to power of Mussolini reveals the internal workings of the Italian Liberal policing system, the tensions between its different branches, and problems related to the shifting demands of its wheeler-dealer political masters. Explanations of the support that the Italian police gave to the fascist movement are to be found not only in the profound social, economic, and political transformations characterizing the years immediately following the First World War, but also in Italy's post-unification administrative system. Police support for the Fascists was often morally, if not physically, coerced by the Fascists themselves, while administrative ambiguities and weaknesses hampered any police attempts to repress the movement. The rise of fascism and its support from the police was the logical end result of a tradition of private solutions to problems of law and order. To illustrate this, the book examines the policing of the socialist movement between 1897 and 1918 before analyzing in detail the relationship between the police and the facist movement after the First World War, with a view to comparing behavioral trends emerging during both periods.
Author: Christopher Duggan
Publisher:
Published: 1989
Total Pages: 322
ISBN-13: 9780300043723
DOWNLOAD EBOOKThe Sicilian mafia is a subject of endless fascination, but few serious books have been written about it. In this provocative work, Christopher Duggan argues that the idea of the mafia is a fiction, born of political calculation and genuine misunderstanding of the behaviour of Sicilians. The first part of the book looks at the development of the idea of the mafia from the 1860s, when the term first appeared, to the Second World War. Although all serious observers realised that there was no organised criminal society in Sicily, Duggan explains why the idea was perpetuated. When the island became part of unified Italy in 1860, hostility to the new state was claimed by officials to be criminally inspired, and they spoke for the first time of 'the Mafia'. The distinctive values of the Sicilians, such as their belief in private justice and unwillingness to cooperate with the police, reinforced the idea of a secret criminal society. From then on, many of Sicily's political and social problems were attributed to this mythical organisation. In the second part of the book, to illustrate the general observations made in the first, Duggan provides a detailed study of the repressive campaign conducted by the fascist government against the mafia in the 1920s. Making use of private papers, police files, and trial proceedings, he concludes that the mafia was primarily an idea exploited for political ends, and that its use only strengthened many Sicilians' deep mistrust of the state. This lively book is a penetrating account of the origins of the mafia myth and the first study of the impact of fascism on Sicily. It will be of great interest to historians of modern Italy, to anthropologists, and to criminologists, as well as to those who are actively engaged in the fight against organised crime. Christopher Duggan was a Fellow of All Souls College, Oxford, and Lecturer in Italian History and Director of the Centre for the Advanced Study of Italian Society at Reading University. He is co-author, with Denis Mack Smith and Moses Finley, of 'A History of Sicily' (1986).
Author: Paul Garfinkel
Publisher: Cambridge University Press
Published: 2017-01-09
Total Pages: 907
ISBN-13: 1316817733
DOWNLOAD EBOOKBy 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: Stephen Skinner
Publisher: Bloomsbury Publishing
Published: 2019-09-05
Total Pages: 401
ISBN-13: 1509910832
DOWNLOAD EBOOKWith 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: Stephen Skinner
Publisher: Bloomsbury Publishing
Published: 2019-09-05
Total Pages: 513
ISBN-13: 1509910824
DOWNLOAD EBOOKWith 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: Marco Odello
Publisher: Routledge
Published: 2020-07-14
Total Pages: 251
ISBN-13: 1000076725
DOWNLOAD EBOOKThis book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003015222
