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.
Edited by:
Dr Stephen Skinner (University of Exeter)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 244mm,
Width: 169mm,
Weight: 860g
ISBN: 9781509910816
ISBN 10: 1509910816
Pages: 400
Publication Date: 05 September 2019
Audience:
College/higher education
,
Professional and scholarly
,
Primary
,
Undergraduate
Format: Hardback
Publisher's Status: Active
PART I BELIEFS, FOUNDATIONS AND IDENTITIES 1. ‘Also and Above All a Regime of Justice’. Criminal Law and the Aesthetics of Justice Under the Italian Fascist Regime: The Role of Architecture and the Visual Arts Luigi Lacche 2. Criminal Law in Auschwitz: Positivism, Natural Law and the Career of SS Lawyer Konrad Morgen David Fraser 3. Nazi Law as Non-law in Academic Discourse Simon Lavis 4. Nazi Criminal Justice in the Transnational Arena: The 1935 International Penal and Penitentiary Congress in Berlin Richard F Wetzell 5. Criminology and the Rise of Authoritarian Criminal Law, 1930s–1940s 5 Michele Pifferi 6. Classifying Law as Criminal in Apartheid South Africa Marika Giles Samson PART II COURTS, LAWYERS AND REPRESSION 7. Coercion and Consensus: Using the Law to Change ‘the Moral Character of Italians’ Alessandra Bassani and Ambra Cantoni 8. The Judiciary and Political Power Under the Fascist Regime in Italy Riccardo Cavallo 9. National Socialism and the Law in Norway Under German Occupation, 1940–1945 Hans Petter Graver 10. The Repression of Lawyers After the Spanish Civil War: The Case of Valencia Pascual Marzal and Aniceto Masferrer 11. Yukitoki Takikawa (1891–1962) and Legal Autonomy in Interwar Japan Hiromi Sasamoto-Collins PART III DEVELOPMENT, EXPRESSION AND TENSIONS 12. Punishing the ‘Veterans of Crime’: Recidivism in Fascist Italy’s Rocco Code of 1930 Paul Garfinkel 13. Anti-democratic Emotions: Crimes of Honour Before and Under the Fascist Regime Emilia Musumeci 14. Criminal Law and the Use of Force: Ideology and State Power in Fascist Italy and England in the Interwar Period Stephen Skinner 15. The Restless National Security Acts: The Absence of Crimes Against National Security in the 1940 Brazilian Penal Code Diego Nunes and Ricardo Sontag 16. The Law of Blood: Totalitarianism, Criminal Law and the Body Politic of Second World War Romania Cosmin Cercel Conclusion: Investigating Ideology and Criminal Law in Legal History Stephen Skinner
Stephen Skinner is Associate Professor of Comparative Legal History and Human Rights at the University of Exeter.
Reviews for Ideology and Criminal Law: Fascist, National Socialist and Authoritarian Regimes
[The book] can teach us lessons how to deal with current challenges by revealing the dynamics between ideology and criminal law ... The present volume, while offering thought-provoking and inspiring insights, provides an excellent starting point for further research into this burning issue. -- Florian Jeßberger and Tobias Beinder * Quaderni Fiorentini per la storia del pensiero giuridico moderno *
