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Controlling Crime, Controlling Society
How did anxieties about crime and deviance emerge in the modern world, first in Europe and then in America? How did they come to occupy centre-stage in the ongoing drama played out in public discourse? And how have theories of crime and deviance related to the actual practices of social control and punishment, and to the main currents of social conflict? In this illuminating new book, Dario Melossi addresses these crucial questions, and at the same time offers an engaging survey of the theories of social control, crime and deviance. From the early work of Beccaria and Lombroso, via the pioneering sociology of 1920s Chicago, to 60s radicalism and the subsequent emergence of a “culture of fe...
Penal Abolitionism and Transformative Justice in Brazil
Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent t...
Criminalizing Intimate Image Abuse
Criminalizing Intimate Image Abuse strives to generate new conceptual and theoretical frameworks to address the legal responses to intimate image abuse by bringing together a number of scholars involved in the study of image abuse over recent years.
Decolonizing the Criminal Question
Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry. By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursu...
La discrezionalità nel diritto penale
Il lavoro che qui si ripubblica consolida una più generale visione di Franco Bricola sul diritto penale nel suo momento più cruciale, quello della applicazione da parte del giudice e degli spazi di discrezionalità che la norma ed il sistema attribuiscono all’interprete. A ben vedere si tratta di un’opera sul potere giudiziario penale le cui intuizioni si proiettano anche a 60 anni di distanza. Il primo ed il terzo capitolo, incentrati sulla discrezionalità nella commisurazione delle pene, interrogano la società sulla Giustizia e – in tempi in cui si prospettano meccanismi di “intelligenza artificiale” per la loro determinazione – sulla costante tensione fra libertà e sanzione, fra prevenzione e punizione. Il secondo capitolo rilegge il sistema alla luce delle norme costituzionali ed in particolare della nozione di tassatività della norma penale – scripta, stricta, certa et praevia – ponendo i limiti ad una interpretazione espansiva nella quale la discrezionalità trascolora in arbitrio. DOI: 10.13134/979-12-5977-300-5
Encyclopedia of Law and Society
Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.
Security Rights in Movable Property in European Private Law
For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
Extraterritoriality and Collective Redress
An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a signific...
