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Reinventing Punishment - A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries (Hardcover)
Loot Price: R2,339
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Reinventing Punishment - A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries (Hardcover)
Series: Clarendon Studies in Criminology
Expected to ship within 12 - 17 working days
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Providing a historical analysis of the impact of criminology on the
rationale of punishment and the sentencing systems in Europe and
the United States between the 1870s and the 1930s, Reinventing
Punishment: A Comparative History of Criminology and Penology in
the Nineteenth and Twentieth Centuries investigates and contrasts
the rise of the principles of individualization of punishment,
social defence, preventive justice, and indeterminate sentencing.
The manner in which US and European jurisprudence enforced these
ideas resulted in the emergence of two different penological
identities: the US penal reform movement led to the adoption of the
indeterminate sentence system, whereas the European criminological
approach resulted in the formulation of the dual-track system with
punishment and measures of security. This theoretical divide,
discussed at many international congresses and in studies of
comparative criminal law, not only reflects two different ideas on
the legitimacy and purpose of punishment, but also corresponds to
two different constitutional views of criminal law. The book
considers the relation between constitutional frameworks (rule of
law and Rechtsstaat) and penological claims, explaining how some of
the tenets of penal liberalism (such as principle of legality and
separation of powers) were affected by penal modernism, even with
the rise of authoritarian regimes. It examines the dilemmas
provoked by criminology, focusing on the role of the judge in the
execution of sentences, the distribution of sentencing powers among
judicial and administrative bodies, the balance between social
security and individual guarantees, and the inconsistencies of
preventive detention. Filling a notable gap in Anglo-American
literature by providing a sophisticated panoramic analysis of the
development of criminology in late-nineteenth and first half of the
twentieth-century Europe, Reinventing Punishment will be of
interest to scholars of criminology, criminal law, and criminal
justice studies, as well as legal historians and theorists.
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