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Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries de Michele Pifferi

Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries: Clarendon Studies in Criminology

Autor Michele Pifferi
en Limba Engleză Hardback – 9 iun 2016
Providing a historical analysis of the impact of criminology on the rationale of punishment and the sentencing systems in Europe and the United States between the 1870s and the 1930s, Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries investigates and contrasts the rise of the principles of individualization of punishment, social defence, preventive justice, and indeterminate sentencing.The manner in which US and European jurisprudence enforced these ideas resulted in the emergence of two different penological identities: the US penal reform movement led to the adoption of the indeterminate sentence system, whereas the European criminological approach resulted in the formulation of the dual-track system with punishment and measures of security. This theoretical divide, discussed at many international congresses and in studies of comparative criminal law, not only reflects two different ideas on the legitimacy and purpose of punishment, but also corresponds to two different constitutional views of criminal law. The book considers the relation between constitutional frameworks (rule of law and Rechtsstaat) and penological claims, explaining how some of the tenets of penal liberalism (such as principle of legality and separation of powers) were affected by penal modernism, even with the rise of authoritarian regimes. It examines the dilemmas provoked by criminology, focusing on the role of the judge in the execution of sentences, the distribution of sentencing powers among judicial and administrative bodies, the balance between social security and individual guarantees, and the inconsistencies of preventive detention. Filling a notable gap in Anglo-American literature by providing a sophisticated panoramic analysis of the development of criminology in late-nineteenth and first half of the twentieth-century Europe, Reinventing Punishment will be of interest to scholars of criminology, criminal law, and criminal justice studies, as well as legal historians and theorists.
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Specificații

ISBN-13: 9780198743217
ISBN-10: 0198743211
Pagini: 324
Dimensiuni: 148 x 223 x 25 mm
Greutate: 0.55 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Clarendon Studies in Criminology

Locul publicării:Oxford, United Kingdom

Recenzii

Reinventing Punishment is an impressive contribution to criminology, intellectual history and the sociology of law. I am excited about how it will spur the recently renewed scholarly interest in the history of criminology, the early history of policy-informing criminal science and the genealogy of criminal responsibilty.
In this important and provocative book, Pifferi offers a rebuke to Pound, and to all scholars who have regarded the rise of criminology primarily as an international phenomenon. Despite the undoubted resemblances between the movements on the two sides of the Atlantic, he demonstrates that the American and European campaigns rested on fundamentally divergent conceptions of the demands of the rule of law.
Reinventing Punishment is a pioneering work of comparative criminal justice history - and one of only a handful of works of its kind. If comparative penology is to develop an historical consciousness and thereby fulfil its promise as a research programme - and some of the most exciting recent work has been in that field - then we will need more studies of the kind that Michele Pifferi provides.
Pifferi's comparative, transnational study offers one of the most complex, nuanced interpretations to date of penal-law reform in the late-nineteenth and early-twentieth centuries ... Pifferi's outstanding book will most certainly appeal to specialists in the history of law, criminology, and medicine and inspire further investigations into the transnational history of criminal-law reform.

Notă biografică

Dr Michele Pifferi is Associate Professor of Legal History at the Law Department, University of Ferrara, where he teaches Medieval and Modern Law History and Criminal Law History. He has been visiting researcher at the Max Planck Institute for European Legal History in Frankfurt am Main (2002); Emil Noël Fellow at the Jean Monnet Center for International & Regional Economic Law and Justice, NYU School of Law (2009); Robbins Fellow at Berkeley UC, School of Law (2012); Academic Visitor at the Oxford Centre for Criminology (2014); and is currently Alexander von Humboldt Research Fellow at the University of Hamburg. His research interests focus on comparative history of criminal law and criminology and migration history.