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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.
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.
Based 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.
The 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).
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.
In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.
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.
Analyses mid-twentieth century British spy thrillers as resistance to political oppressionEspionage and Exile demonstrates that from the 1930s through the Cold War British writers Eric Ambler, Helen MacInnes, John le Carr Pamela Frankau and filmmaker Leslie Howard combine propaganda and popular entertainment to call for resistance to political oppression. Their spy fictions deploy themes of deception and betrayal to warn audiences of the consequences of Nazi Germany's conquests and later, the fusion of Fascist and Communist oppression. With politically charged suspense and compelling plots and characters, these writers challenge distinctions between villain and victim and exile and belonging by dramatising relationships between stateless refugees, British agents, and most dramatically, between the ethics of espionage and responses to international crisis.Key FeaturesThe first narrative analysis of mid-twentieth century British spy thrillers demonstrating their critiques of political responses to the dangers of Fascism, Nazism, and CommunismCombines research in history and political theory with literary and film analysisAdds interpretive complexity to understanding the political content of modern cultural productionOriginal close readings of the fiction of Eric Ambler, John Le Carr and British women spy thriller writers of World War II and the Cold War, including Helen MacInnes, Ann Bridge, and Pamela Frankau as well as the wartime radio broadcasts and films of Leslie Howard
The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.