Présentation de l'éditeur
The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest.
The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies.
Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.
Michele Pifferi is Professor of Legal History at the University of Ferrara, Law Department.
Chapter 2 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Introduction. An Historiographical Reassessment of Criminological Positivism
Scientist Utopia and Reactionary Nostalgia: Criminal Procedure and the Early Positivist School
Marco Nicola Miletti
Penal Reform in Imperial Germany: Conflict and Compromise
Richard F. Wetzell
The French Judicial and Political Origins of Raymond Saleilles’ Individualization of Punishment
James M. Donovan
The Influence of Positivism in Belgium: An Eclectic Compromise Between Adhesion and Resistance
The Limits of Positivism: Finnish Criminal Law Scholarship and the European Context at the Turn of the Twentieth Century
From the Sacred Springtime of Criminal Law to the Limits of Criminological Positivism in Spain
Enrique Roldán Cañizares
Fascist Italy’s Juvenile Courts in Their Infancy: First Impressions
Responding to the Problem of Crime: English Criminal Law and the Limits of Positivism, 1870-1940
Positivism’s Humbugs: Criminology and its Cranks in Progressive America
Limits and displacements in the adoption of criminological positivism in Brazil (1890-1940)
Ana Lucia Sabadell and Dimitri Dimoulis
From Responsibility to Dangerousness? The Failed Promise of Penal Positivism