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The author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history.
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.
Describes the history and nature of the Italian Race Laws during the period (1938-43) when Italy was independent of German control.
The author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history
A history of criminology as a history of science and practice.
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.
What 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.
The period spanning the two World Wars was unquestionably the most catastrophic in Europe's history. Despite such undeniably progressive developments as the radical expansion of women's suffrage and rising health standards, the era was dominated by political violence and chronic instability. Its symbols were Verdun, Guernica, and Auschwitz. By the end of this dark period, tens of millions of Europeans had been killed and more still had been displaced and permanently traumatized. If the nineteenth century gave Europeans cause to regard the future with a sense of optimism, the early twentieth century had them anticipating the destruction of civilization. The fact that so many revolutions, regime changes, dictatorships, mass killings, and civil wars took place within such a compressed time frame suggests that Europe experienced a general crisis. The Oxford Handbook of European History, 1914-1945 reconsiders the most significant features of this calamitous age from a transnational perspective. It demonstrates the degree to which national experiences were intertwined with those of other nations, and how each crisis was implicated in wider regional, continental, and global developments. Readers will find innovative and stimulating chapters on various political, social, and economic subjects by some of the leading scholars working on modern European history today.
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.
The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.