The Western Codification of Criminal Law

The Western Codification of Criminal Law
Author: Aniceto Masferrer
Publisher: Springer
Total Pages: 427
Release: 2018-03-09
Genre: Law
ISBN: 3319719122

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.

Criminal Law in Liberal and Fascist Italy

Criminal Law in Liberal and Fascist Italy
Author: Paul Garfinkel
Publisher: Cambridge University Press
Total Pages: 907
Release: 2017-01-09
Genre: History
ISBN: 1316817733

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.

Unframing and Reframing Mediterranean Spaces and Identities

Unframing and Reframing Mediterranean Spaces and Identities
Author:
Publisher: BRILL
Total Pages: 250
Release: 2023-10-30
Genre: History
ISBN: 9004678867

Reconsidering the Mediterranean, appreciating and demarginalizing the peoples and cultures of this vast region, while considering the affinities and differences, is a valuable part of the process of unframing and reframing the concept of the Mediterranean. The authors of this volume follow Franco Cassano’s refusal of a sort of prêt-à-porter reality of cohabitation of cultures, introducing instead un’alternativa mediterranea, a world of multiple cultures that entails an ongoing learning and experiencing. The volume’s contributors use an interdisciplinary approach that mirrors the hybridity of the area and of the discipline, that is much more introspective and humanistic, more contemporary and inclusive.

Ideology and Criminal Law

Ideology and Criminal Law
Author: Stephen Skinner
Publisher: Bloomsbury Publishing
Total Pages: 401
Release: 2019-09-05
Genre: Law
ISBN: 1509910832

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.

Weapons Law in Western Europe, 1550-2020

Weapons Law in Western Europe, 1550-2020
Author: Gunner Lind
Publisher: Taylor & Francis
Total Pages: 234
Release: 2024-12-09
Genre: History
ISBN: 1040267157

This book is a transnational history of European weapons law that utilizes the law and primary sources to trace the development from early portable firearms to modern-day weapons. Challenging many conventional assumptions, this book establishes that weapons control in the current sense is a new phenomenon. Control with possession only became dominant between 1918 and 1939, thereby establishing a high degree of uniformity for the first time. Weapons law is old in Western Europe, but only as a palette of possible solutions. Possession control triumphed as a tool against Communist and Fascist attacks on democracy and remained as an instrument against crime and accidents. It is argued that previously the laws on possession furthered rather than hindered ownership. For centuries, governments sought security by encouraging trusted men to arm themselves, rather than disarming the suspect. Legislators used a range of carrying restrictions, sometimes many but mostly few, as a tool against armed crime. The author examines attitudes and policies towards power, law, violence, social hierarchy, national defence, and civic freedom. This volume offers historians and social scientists a new perspective on the long-term development of Western European states and societies, and it will be of value to undergraduate and postgraduate students of history, sociology, and politics.

Guilds, Markets and Work Regulations in Italy, 16th–19th Centuries

Guilds, Markets and Work Regulations in Italy, 16th–19th Centuries
Author: Alberto Guenzi
Publisher: Routledge
Total Pages: 432
Release: 2016-12-05
Genre: History
ISBN: 1351931962

The purpose of this volume is to provide a conspectus of current research on the history of guilds and corporations in Italy in the period from the Renaissance to the end of the 19th century. Particular aims are to examine the relationship between guilds, manufacturing, entrepreneurship, and economic development, and their impact on urban society and social welfare. The work derives from a major project set up in 1994; the results were discussed at a conference in Rome in September 1997, and formed the basis for a further presentation by Professor Carlo Poni at the 12th International Economic History Conference in Seville. The papers are grouped into three sections, dealing with the guild system in urban areas, case studies of individual guilds and conflicts, and their role in mutual aid and assistance. Specially translated for this volume, they trace for the English-speaking world a rich picture of the history of the Italian guild system in the modern era, and its movement from magnificence to decline.

Homosexuality in Italian Literature, Society, and Culture, 1789-1919

Homosexuality in Italian Literature, Society, and Culture, 1789-1919
Author: Elisa Bianco
Publisher: Cambridge Scholars Publishing
Total Pages: 285
Release: 2017-05-11
Genre: History
ISBN: 1443892246

Homosexuality, bisexuality, transvestitism, and trans-genders represented new ideas, customs, and mentalities which shattered nineteenth-century Italy. At this time, Italy was a state in the making, with a growing population, a fading aristocracy, and new urban classes entering the scene. While still an extremely Catholic country, atheism and secularization slowly undermined the old, traditional morality, with literature and poetry endorsing innovative fashions coming from abroad. Laxity mixed with perversion, while new forms of sexuality mirrored the immense changes taking place in a society that, since time immemorial, was dominated by the Church and by a rigid class system. This was a revolution, parallel to the political movements that brought about the Unification of Italy in 1861, and was tormented, intense, and occasionally tragic. This collection of essays offers a rather comprehensive overview of this phenomenon. Personalities and places, ideas and novels, poetry and tragedy, law and customs, are the subject of ten essays, written by leading international experts in Italian history, the history of sexuality, literature and poetry. The Italian nineteenth century is a time of a number of rapid changes, visible and invisible revolutions, often given less attention than the unification process. This book makes a substantial contribution to Italian studies and modern European history.