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Homosexuality in Italian Literature, Society, and Culture, 1789-1919
Homosexuality, bisexuality, transvestitism, and trans-genders represented new ideas, customs, and mentalities which shattered nineteenth-century Italy. At this time, Italy was a state in the making, with a growing population, a fading aristocracy, and new urban classes entering the scene. While still an extremely Catholic country, atheism and secularization slowly undermined the old, traditional morality, with literature and poetry endorsing innovative fashions coming from abroad. Laxity mixed with perversion, while new forms of sexuality mirrored the immense changes taking place in a society that, since time immemorial, was dominated by the Church and by a rigid class system. This was a rev...
The Western Codification of Criminal Law
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.
Criminal Law in Liberal and Fascist Italy
By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861–1922) to the Fascist era (1922–43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.
The Eloquent Body
"This book adds an entirely new dimension to the consideration of Humanism and Italian culture. It will make a welcome addition to the field of cultural studies by broadening the subject to consider an important source of information that has been previously overlooked." -- Timothy McGee The Eloquent Body offers a history and analysis of court dancing during the Renaissance, within the context of Italian Humanism. Each chapter addresses different philosophical, social, or intellectual aspects of dance during the 15th century. Some topics include issues of economic class, education, and power; relating dance treatises to the ideals of Humanism and the meaning of the arts; ideas of the body as they relate to elegance, nobility, and ethics; the intellectual history of dance based on contemporaneous readings of Pythagoras and Plato; and a comparison of geometric dance structures to geometric order in Humanist architecture.
Transitional Justice in Italy and the Crimes of Fascism and Nazism
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 th...
Rock Damage and Fluid Transport, Part I
Mechanical properties and fluid transport in rocks are intimately linked as deformation of a solid rock matrix immediately affects the pore space and permeability. Part I of this topical volume covers mainly the nucleation and evolution of crack damage in rocks, new or modified techniques to measure rock fracture toughness and a discussion of upscaling techniques relating mechanical and fluid transport behaviour in rocks at different spatial scales.
Justice and Unjusticiability
The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.
Einführung in das italienische Strafrecht und Strafprozessrecht
Dargestellt wird der Allgemeine Teil des italienischen Strafrechts und das italienische Strafprozeßrecht. Damit soll für die wissenschaftliche Arbeit in rechtsvergleichender Hinsicht Orientierung gegeben werden. Gleichzeitig soll für den Praktiker vor allem in grenzüberschreitenden Problemstellungen die Möglichkeit bereitgestellt werden, sich über die Rechtslage in Italien im Bereich des Strafrechts und Strafprozeßrechts zu informieren. Dabei wird nicht nur auf das im codice Rocco und in der Strafprozeßordnung 1988/89 kodifizierte Recht eingegangen, sondern es werden auch die geschichtlichen Grundlagen und die Grundprinzipien dargestellt, auf denen das geltende Recht beruht. Auf diese Weise werden die Normen des geltenden Rechts in mancher Hinsicht verständlicher gemacht. Herangezogen wird in der Darstellung zur Erläuterung sowohl die italienische Rechtsprechung als auch die Lehre.
Italy Before Italy
Italian unification is one of the pivotal events in European history but the period leading up to Risorgimento has often been analysed in less detail. This book focuses on the history of the Italian states between 1815 and 1860 focusing on state institutions, international relations, economic and fiscal policies, living conditions and culture.
