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Books > Law > Jurisprudence & general issues > Legal history
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Fascism and Criminal Law - History, Theory, Continuity (Paperback)
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Fascism and Criminal Law - History, Theory, Continuity (Paperback)
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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.
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