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Fascism and Criminal Law: History, Theory, Continuity

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Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.

Author: Skinner Stephen
Publisher: HART PUBLISHING
Pages: 234
ISBN: 9781509914111
Cover: Paperback
Edition Number: 1
Release Year: 2017

Fascism and Criminal Law, 'One of the Greatest Attributes of Sovereignty'

Stephen Skinner
I Criminal Law and Italian Fascism
1 The Shadow of the Law: the Special Tribunal for the Defence of the State between Justice and Politics in the Italian Fascist Period
Luigi Lacchè
2 The Positivist School of Criminology and Italian Fascist Criminal Law: a Squandered Legacy?
Emilia Musumeci
3 Fascist by Name, Fascist by Nature? The 1930 Italian Penal Code in Academic Commentary, 1928–46
Stephen Skinner
4 Criminal Law, Racial Law, Fascist Law: Was the Fascist Era Really a 'Parenthesis' for the Italian Legal System?
Michael A Livingston
II Criminal Law, Fascism and Authoritarianism in Romania, Spain, Brazil and
Japan
5 The Enemy Within: Criminal Law and Ideology in Interwar Romania
Cosmin S Cercel
6 Criminal Law under the Francoist Regime: the Influence of Militarism and National-Catholicism
Pascual Marzal
7 When Law and Prerogatives Blend: Generic Fascism in Getulio Vargas's Brazil, 1930–45
Elizabeth Cancelli
8 Facilitating Fascism? The Japanese Peace Preservation Act and the Role of the Judiciary
Hiromi Sasamoto-Collins
Conclusion: Repression and Legality
Stephen Skinner
Afterword
Through the Looking Glass: Thinking About and Working Through Fascist Criminal Law

David Fraser

Stephen Skinner is a Senior Lecturer in Law at the University of Exeter.

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