Fascism And Criminal Law

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Fascism and Criminal Law

Author : Stephen Skinner
Publisher : Bloomsbury Publishing
Page : 357 pages
File Size : 51,6 Mb
Release : 2015-02-26
Category : Law
ISBN : 9781782255475

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Fascism and Criminal Law by Stephen Skinner Pdf

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.

Criminal Law in Liberal and Fascist Italy

Author : Paul Garfinkel
Publisher : Cambridge University Press
Page : 555 pages
File Size : 49,9 Mb
Release : 2016
Category : History
ISBN : 9781107108912

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Criminal Law in Liberal and Fascist Italy by Paul Garfinkel Pdf

The author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history.

Ideology and Criminal Law

Author : Stephen Skinner
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 48,8 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509910830

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Ideology and Criminal Law by Stephen Skinner Pdf

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.

Crime and the Fascist State, 1850–1940

Author : Tiago Pires Marques
Publisher : Routledge
Page : 264 pages
File Size : 54,6 Mb
Release : 2015-10-06
Category : History
ISBN : 9781317319740

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Crime and the Fascist State, 1850–1940 by Tiago Pires Marques Pdf

By studying the development of Italy's penal system, Pires Marques provides valuable insights into the wider political culture of European society. Focusing on the rise of fascism in Spain and Portugal as well as Italy, he examines the role of religious, economic and political factors in the making of penal laws.

Transitional Justice in Italy and the Crimes of Fascism and Nazism

Author : Paolo Caroli
Publisher : Taylor & Francis
Page : 336 pages
File Size : 47,8 Mb
Release : 2022-06-10
Category : History
ISBN : 9781000593334

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Transitional Justice in Italy and the Crimes of Fascism and Nazism by Paolo Caroli Pdf

This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.

Transitional Justice in Italy and the Crimes of Fascism and Nazism

Author : Paolo Caroli (Writer of Tranisitional justice in Italy)
Publisher : Routledge
Page : 0 pages
File Size : 46,5 Mb
Release : 2022
Category : History
ISBN : 1000593355

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Transitional Justice in Italy and the Crimes of Fascism and Nazism by Paolo Caroli (Writer of Tranisitional justice in Italy) Pdf

This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-Fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be an essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.

Fascism and Criminal Law

Author : Stephen Skinner
Publisher : Bloomsbury Publishing
Page : 236 pages
File Size : 48,7 Mb
Release : 2015-02-26
Category : Law
ISBN : 9781782255468

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Fascism and Criminal Law by Stephen Skinner Pdf

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.

Criminal Justice Systems in Europe and North America

Author : Enrico Infante
Publisher : Criminal Justice Press
Page : 65 pages
File Size : 41,7 Mb
Release : 2000
Category : Criminal justice, Administration of
ISBN : 9525333000

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Criminal Justice Systems in Europe and North America by Enrico Infante Pdf

Fascism: A Very Short Introduction

Author : Kevin Passmore
Publisher : OUP Oxford
Page : 176 pages
File Size : 44,5 Mb
Release : 2014-05-29
Category : Political Science
ISBN : 9780191508554

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Fascism: A Very Short Introduction by Kevin Passmore Pdf

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.

Ideology and Criminal Law

Author : Stephen Skinner
Publisher : Bloomsbury Publishing
Page : 482 pages
File Size : 48,5 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509910823

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Ideology and Criminal Law by Stephen Skinner Pdf

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 and the Mafia

Author : Christopher Duggan
Publisher : Unknown
Page : 322 pages
File Size : 50,6 Mb
Release : 1989
Category : History
ISBN : 0300043724

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Fascism and the Mafia by Christopher Duggan Pdf

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).

The Italian Police and the Rise of Fascism

Author : Jonathan Dunnage
Publisher : Bloomsbury Publishing USA
Page : 216 pages
File Size : 45,6 Mb
Release : 1997-11-25
Category : History
ISBN : 9780313370373

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The Italian Police and the Rise of Fascism by Jonathan Dunnage Pdf

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.

Law and Memory

Author : Uladzislau Belavusau,Aleksandra Gliszczyńska-Grabias
Publisher : Cambridge University Press
Page : 461 pages
File Size : 43,8 Mb
Release : 2017-10-19
Category : Law
ISBN : 9781107188754

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Law and Memory by Uladzislau Belavusau,Aleksandra Gliszczyńska-Grabias Pdf

The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

Crime and Criminal Justice in Modern Germany

Author : Richard F. Wetzell
Publisher : Berghahn Books
Page : 368 pages
File Size : 55,6 Mb
Release : 2014-05-01
Category : History
ISBN : 9781782382478

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Crime and Criminal Justice in Modern Germany by Richard F. Wetzell Pdf

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.