Reinventing Punishment: A Comparative History of Criminology and Penology in the 19th and 20th Century by Michele PifferiReinventing Punishment: A Comparative History of Criminology and Penology in the 19th and 20th Century by Michele Pifferi

Reinventing Punishment: A Comparative History of Criminology and Penology in the 19th and 20th…

byMichele Pifferi

Hardcover | July 9, 2016

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Providing a historical analysis of the impact of criminology on the rationale of punishment and the sentencing systems in Europe and the US between the 1870s and the 1930s, Reinventing Punishment: A Comparative History of Criminology and Penology in the 19th and 20th Century investigates andcontrasts the rise of the principles of individualisation of punishment, social defence, preventive justice, and indeterminate sentencing.The manner in which American and European jurisprudence enforced these ideas resulted in the emergence of two different penological identities: the American penal reform movement led to the adoption of the indeterminate sentence system, whereas the European criminological approach resulted in theformulation 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 totwo 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 bypenal 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 andindividual 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 criminaljustice studies, as well as legal historians and theorists.
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 Noel Fellow at the Jean Monnet Cente...
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Title:Reinventing Punishment: A Comparative History of Criminology and Penology in the 19th and 20th…Format:HardcoverDimensions:320 pages, 8.5 × 5.43 × 0 inPublished:July 9, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198743211

ISBN - 13:9780198743217

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Table of Contents

1. Introduction2. Designing the 'New Horizons' of Punishment3. The Origins of Different Penological Identities4. The Struggle over the Indeterminacy of Punishment in the USE (1870s-1900s)5. The Concept of Indeterminate Sentence in the European Criminal Law Doctrine6. The Formation of the European Dual-Track System7. The 'New Penology' as a Constitutional Matter: The Crisis of Legality in the Rule of Law and the Rechtsstaat (1900s-1930s)8. Nulla poena sine lege and the Sentencing Discretion9. From Repression to Prevention: The Uncertain Borders between Jurisdiction and Administration10. The Constitutional Conundrum of the Limits to Preventive Detention11. Conclusions