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Ideology and Criminal Law

Fascist, National Socialist and Authoritarian Regimes

Editor(s): Stephen Skinner
Media of Ideology and Criminal Law
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Published: 05-09-2019
Format: PDF eBook (?)
Edition: 1st
Extent: 416
ISBN: 9781509910830
Imprint: Hart Publishing
RRP: £86.40
Online price : £77.76
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About Ideology and Criminal Law

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.

Table Of Contents

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

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