Criminal Law and Juridical Culture in Liberal and Fascist Italy

Criminal Law and Juridical Culture in Liberal and Fascist Italy
Title Criminal Law and Juridical Culture in Liberal and Fascist Italy PDF eBook
Author Paul A. Garfinkel
Publisher
Pages 434
Release 2004
Genre Criminal law
ISBN

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Criminal Law in Liberal and Fascist Italy

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

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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.

Ruling Culture

Ruling Culture
Title Ruling Culture PDF eBook
Author Fiona Greenland
Publisher University of Chicago Press
Pages 264
Release 2021-03-15
Genre History
ISBN 022675703X

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"A major, on-the-ground look at antiquities looting in Italy. More looting of ancient art takes place in Italy than in any other country. Ironically, Italy trades on the fact to demonstrate its cultural superiority over other countries. And, more than any other country, Italy takes pains to prevent looting by instituting laws, cultural policies, export taxes, and a famously effective art-crime squad that has been the inspiration of novels, movies, and tv shows. In fact, Italy is widely regarded as having invented the discipline of art policing. In 2006 the then-president of Italy declared his country to be "the world's greatest cultural power." Why do Italians believe this? Why is the patria, or "homeland," so frequently invoked in modern disputes about ancient art, particularly when it comes to matters of repatriation, export, and museum loans? Fiona Greenland's Ruling Culture addresses these questions by tracing the emergence of antiquities as a key source of power in Italy from 1815 to the present. Along the way, it investigates the activities and interactions of three main sets of actors: state officials (including Art Squad agents), archaeologists, and illicit excavators and collectors"--

Fascism and Criminal Law

Fascism and Criminal Law
Title Fascism and Criminal Law PDF eBook
Author Stephen Skinner
Publisher Bloomsbury Publishing
Pages 357
Release 2015-02-26
Genre Law
ISBN 1782255478

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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.

Ideology and Criminal Law

Ideology and Criminal Law
Title Ideology and Criminal Law PDF eBook
Author Stephen Skinner
Publisher Bloomsbury Publishing
Pages 416
Release 2019-09-05
Genre Law
ISBN 1509910832

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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.

Fascism: A Very Short Introduction

Fascism: A Very Short Introduction
Title Fascism: A Very Short Introduction PDF eBook
Author Kevin Passmore
Publisher OUP Oxford
Pages 185
Release 2014-05-29
Genre Political Science
ISBN 0191508551

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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.

Nothing More than Freedom

Nothing More than Freedom
Title Nothing More than Freedom PDF eBook
Author Giuliana Perrone
Publisher Cambridge University Press
Pages 333
Release 2023-05-11
Genre History
ISBN 1009219200

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Nothing More than Freedom explores the long and complex legal history of Black freedom in the United States. From the ratification of the Thirteenth Amendment in 1865 until the end of Reconstruction in 1877, supreme courts in former slave states decided approximately 700 lawsuits associated with the struggle for Black freedom and equal citizenship. This litigation – the majority through private law – triggered questions about American liberty and reassessed the nation's legal and political order following the Civil War. Judicial decisions set the terms of debates about racial identity, civil rights, and national belonging, and established that slavery, as a legal institution and social practice, remained actionable in American law well after its ostensible demise. The verdicts determined how unresolved facets of slavery would undercut ongoing efforts for abolition and the realization of equality. Insightful and compelling, this work makes an important intervention in the history of post-Civil War law.