Download or read book Storia del diritto penale e della giustizia written by Mario Sbriccoli and published by Giuffrè Editore. This book was released on 2009 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Download or read book Crime belief and reality written by Juarez Tavares and published by Da Vinci Livros. This book was released on 2022-06-09 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime, not rarely, is presented as the epicenter of society. Correlated to the decline of the democratic and republican values and principles, we witness a sort of institutional immersion in the criminal matters: everything is criminalized, from politics to insignificant facts. The criminalization processes are also used to control the undesirable on the eyes of those that detain the political and economic power. The fear is manipulated, the feeling of insecurity increases and the criminal law is transformed in magical answers to social problems. In the last decades, the majority of the society has become hostage of the narratives about the crime. The result was the increase of repression, severe criminal legislations and punitive judges. Juarez Tavares, one of the most important Brazilian intellectuals, presents in this book a precise diagnosis of the criminal matter, revealing the damages caused by the official speeches. At the same time, he indicates an emancipatory perspective in the opposite direction of the criminal populism and of the blind faith on punishment. Through a transdisciplinary approach, Tavares reminds that crime is merely a juridical concept, an instrument at service of the power, and that nothing justifies the defense of foolishness under the pretense of combating crimes. Against the common sense and the odes to the punishment, Crime: belief and reality presents a necessary analysis of the requirements that nurture the taste for punishment and the naturalization of the criminalization processes. It is a bold invite to rethink the place of the crime in the contemporary world.

Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Download or read book Everyday Legal Ontology written by Edoardo Fittipaldi and published by LED Edizioni Universitarie. This book was released on 2013-04-04T00:00:00+02:00 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Everyday legal ontology as a challenge to normative solipsism 1.1. Normative solipsism – 1.2. Three open questions of Petrażycki’s legal theory – 1.3. The subject-matter of this book – 1.4. The major ontological kinds and the way they are mirrored in naïve language 2. Ethical illusions produced by projective processes 2.1. Introduction – 2.2. What can projections explain? – 2.3. Petrażycki’s projective process – 2.4. The degree of stability of projective qualities and its linguistic consequences – 2.5. Two constituents of the stability of projective qualities – 2.6. The connection of subjective stability and intersubjective diffusion with the psychological development of realism 3. Illusions produced by the features of the super-ego 3.1. The limits of Petrażycki’s projective hypothesis – 3.2. The differentiae specificae of ethical emotions – 3.3. Why the explanation here proposed to the illusions of imperatives and prohibitions is different from Petrażycki’s – 3.4. The illusions of norms and the role of the concept of norm as a basic theoretical concept – 3.5. Ethical emotions, aggressiveness and ethical sadism – 3.6. Shame, guilt, pride, anger and indignation – 3.7. Is the hypothesis of a super-ego falsifiable in Popper’s sense? 4. Illusions produced by the features of legal emotions 4.1. Naïve legal entities – 4.2. Moral vs. legal experience – 4.3. Features associated to moral vs. legal experiences, respectively – 4.4. Kinds of legal relationships – 4.4.1. facere-accipere (obligatedness/obligatoriness) – 4.4.2. nonfacere-nonpati (prohibitedness) – 4.4.3. pati-facere (permittedness) – 4.4.4. pati-nonfacere (omissibility) – 4.4.5. Absence-of-ethical-phenomena and ethical indifference – 4.5. Pure attributive phenomena – 4.6. The degree of cognitive salience of the different kinds of legal relationship and the factors conducive to the detachment of debts – 4.6.1. Bilaterality – 4.6.2. Transferability – 4.6.3. Transitoriness – 4.6.4. Fungibility – 4.6.5. Transformability – 4.7. Duties – 4.8. Rights vs. powers? – 4.9. The factors conducive to the detachment of permittednesses/authoritativenesses into illusions of free-standing entities – 4.9.1. Bilaterality – 4.9.2. Transferability – 4.9.3. Transitoriness – 4.9.4-5. Fungibility and transformability – 4.10. Statutes, commands and the wishes of an autocrat – 4.11. The illusions of the amendment of a command/statute – 4.12. A case of undetachment: ownership Appendix: Moneyness as a naïve non-legal phenomenon References Index of names

Download or read book Emer de Vattel and the Politics of Good Government written by Antonio Trampus and published by Springer Nature. This book was released on 2020-08-31 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the history of the international order in the eighteenth and nineteenth century through a new study of Emer de Vattel’s Droit des gens (1758). Drawing on unpublished sources from European archives and libraries, the book offers an in-depth account of the reception of Vattel’s chief work. Vattel’s focus on the myth of good government became a strong argument for republicanism, the survival of small states, drafting constitutions and reform projects and fighting everyday battles for freedom in different geographical, linguistic and social contexts. The book complicates the picture of Vattel’s enduring success and usefulness, showing too how the work was published and translated to criticize and denounce the dangerousness of these ideas. In doing so, it opens up new avenues of research beyond histories of international law, political and economic thought.

Download or read book Transitional Justice in Italy and the Crimes of Fascism and Nazism written by Paolo Caroli and published by Taylor & Francis. This book was released on 2022-06-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law. In a historical moment marked by the resurgence of racism, neo-fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.

Download or read book Corpi armati e ordine pubblico in Italia XVI XIX sec written by Livio Antonielli and published by Rubbettino Editore. This book was released on 2003 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Florence After the Medici written by Corey Tazzara and published by Routledge. This book was released on 2019-10-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there is a rich historiography on Enlightenment Tuscany in Italian as well as French and German, the principle Anglophone works are Eric Cochrane’s Tradition and Enlightenment in the Tuscan Academies (1961) and his Enlightenment Florence in the Forgotten Centuries (1973). It is high time to revisit the Tuscan Enlightenment. This volume brings together an international group of scholars with the goal of putting to rest the idea that Florence ceased to be interesting after the Renaissance. Indeed, it is partly the explicit dialogue between Renaissance and Enlightenment that makes eighteenth-century Tuscany so interesting. This enlightened age looked to the past. It began the Herculean project of collecting, editing, and publishing many of the manuscripts that today form the bedrock of any serious study of Dante, Petrarch, Boccaccio, Machiavelli, Vasari, Galileo, and other Tuscan writers. This was an age of public libraries, projects of cultural restoration, and the emergence of the Uffizi as a public art gallery, complemented by a science museum in Peter Leopold’s reign whose relics can still be visited in the Museo Galileo and La Specola.

Download or read book 1998 written by Massimo Mastrogregori and published by Walter de Gruyter. This book was released on 2013-05-08 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annually published since 1930, the International bibliography of Historical Sciences (IBOHS) is an international bibliography of the most important historical monographs and periodical articles published throughout the world, which deal with history from the earliest to the most recent times. The works are arranged systematically according to period, region or historical discipline, and within this classification alphabetically. The bibliography contains a geographical index and indexes of persons and authors.

Download or read book Succession Law Practice and Society in Europe across the Centuries written by Maria Gigliola di Renzo Villata and published by Springer. This book was released on 2018-03-19 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.

Download or read book Nullum Crimen Sine Lege the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by Nomos Verlag. This book was released on 2021-06-17 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.

Download or read book Murder and Media in the New Rome written by Thomas Simpson and published by Palgrave MacMillan. This book was released on 2010-11-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores a sensational crime and trial that took place in Rome in the late 1870s, when the bloody killing of a war hero triggered a national spectacle. A young southern wife’s murder of her impotent soldier husband exploded into the first great “media circus” in the new nation of Italy. The trial of the widow and her acrobat lover shocked the young nation not only with its gruesome details, but also because masses of women flocked to the court, took sides and heatedly reacted to testimony, as a new generation of newspapers exploited the scandal to enchant an untapped readership. Largely ignored by historians, the Fadda Affair, as it was called, crucially shaped the young nation’s self-image, but it still resists reduction to historiographical formula, even as its raucous messiness presages the postmodern centrality of performance and the displacement of substance by sensation.

Download or read book Family Law and Society in Europe from the Middle Ages to the Contemporary Era written by Maria Gigliola di Renzo Villata and published by Springer. This book was released on 2016-08-04 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.

Download or read book The Business of the Roman Inquisition in the Early Modern Era written by Germano Maifreda and published by Taylor & Francis. This book was released on 2016-11-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established in 1542, the Roman Inquisition operated through a network of almost fifty tribunals to combat heretical and heterodox threats within the papal territories. Whilst its theological, institutional and political aspects have been well-studied, until now no sustained work has been undertaken to understand the financial basis upon which it operated. Yet – as The Business of the Roman Inquisition in the Early Modern Era shows – the fiscal autonomy enjoyed by each tribunal was a major factor in determining how the Inquisition operated. For, as the flow of cash from Rome declined, each tribunal was forced to rely upon its own assets and resources to fund its work, resulting in a situation whereby tribunals increasingly came to resemble businesses. As each tribunal was permitted to keep a substantial proportion of the fines and confiscations it levied, questions quickly arose regarding the economic considerations that may have motivated the Inquisition’s actions. Dr Maifreda argues that the Inquisition, with the need to generate sufficient revenue to continue working, had a clear incentive to target wealthy groups within society who could afford to yield up substantial revenues. Furthermore, as secular authorities also began to rely upon a levy on these revenues, the financial considerations of decisions regarding heresy prosecutions become even greater. Based upon a wealth of hitherto neglected primary sources from the Vatican and local Italian archives, Dr Maifreda reveals the underlying financial structures that played a vital part in the operations of the Roman Inquisition. By exploring the system of incentives and pressures that guided the actions of inquisitors in their procedural processes and choice of victims, a much clearer understanding of the Roman Inquisition emerges. This book is an English translation of I denari dell’inquisitore. Affari e giustizia di fede nell’Italia moderna (Turin: Einaudi, 2014).

Download or read book Brill s New Pauly written by Manfred Landfester and published by Brill's New Pauly. This book was released on 2006 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is volume 4 of Brill's New Pauly, Classical Tradition, which consists of five volumes uniquely concerned with the long and influential aftermath of antiquity and the process of continuous reinterpretation and revaluation of the ancient heritage, including the history of classical scholarship.

Download or read book Confession and Criminal Justice in Late Medieval Italy written by Lidia Luisa Zanetti Domingues and published by Oxford University Press. This book was released on 2021 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In medieval Italy the practice of revenge as criminal justice was still popular amongst members of all social classes, yet crime also was increasingly perceived as a public matter that needed to be dealt with by the government rather than private citizens. Confession and Criminal Justice in Late Medieval Italy sheds light on this contradiction through an in-depth comparison of lay and religious sources produced in Siena between 1260 and 1330 on criminal justice, conflict, and violence. Confession and Criminal Justice in Late Medieval Italy: argues that religious people were an effective pressure group with regards to criminal justice, thanks both to the literary works they produced and their direct intervention in political affairs, and that their contributions have not received the attention they deserve. It shows that the dichotomy between theories and practices of 'private' and of 'public' justice should be substituted by a framework in which three models, or discourses, of criminal justice are recognised as present in medieval Italian communes, with the addition of a specifically religious discourse based on penitential spirituality. Although the models of criminal justice were competing, they also influenced each other.