Fascism and Criminal Law

History, Theory, Continuity

Author: Stephen Skinner

Publisher: Bloomsbury Publishing

ISBN: 1782255478

Category: Law

Page: 310

View: 6085

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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Pure Theory of Law

Author: Hans Kelsen

Publisher: Univ of California Press

ISBN: 9780520036925

Category: Law

Page: 356

View: 988

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Criminal Law in Liberal and Fascist Italy

Author: Paul Garfinkel

Publisher: Cambridge University Press

ISBN: 1316817733

Category: History

Page: N.A

View: 3672

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.
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Liberal Fascism

The Secret History of the American Left, From Mussolini to the Politics of Meaning

Author: Jonah Goldberg

Publisher: Crown Forum

ISBN: 9780385517690

Category: Political Science

Page: 272

View: 9543

“Fascists,” “Brownshirts,” “jackbooted stormtroopers”—such are the insults typically hurled at conservatives by their liberal opponents. Calling someone a fascist is the fastest way to shut them up, defining their views as beyond the political pale. But who are the real fascists in our midst? Liberal Fascism offers a startling new perspective on the theories and practices that define fascist politics. Replacing conveniently manufactured myths with surprising and enlightening research, Jonah Goldberg reminds us that the original fascists were really on the left, and that liberals from Woodrow Wilson to FDR to Hillary Clinton have advocated policies and principles remarkably similar to those of Hitler's National Socialism and Mussolini's Fascism. Contrary to what most people think, the Nazis were ardent socialists (hence the term “National socialism”). They believed in free health care and guaranteed jobs. They confiscated inherited wealth and spent vast sums on public education. They purged the church from public policy, promoted a new form of pagan spirituality, and inserted the authority of the state into every nook and cranny of daily life. The Nazis declared war on smoking, supported abortion, euthanasia, and gun control. They loathed the free market, provided generous pensions for the elderly, and maintained a strict racial quota system in their universities—where campus speech codes were all the rage. The Nazis led the world in organic farming and alternative medicine. Hitler was a strict vegetarian, and Himmler was an animal rights activist. Do these striking parallels mean that today’s liberals are genocidal maniacs, intent on conquering the world and imposing a new racial order? Not at all. Yet it is hard to deny that modern progressivism and classical fascism shared the same intellectual roots. We often forget, for example, that Mussolini and Hitler had many admirers in the United States. W.E.B. Du Bois was inspired by Hitler's Germany, and Irving Berlin praised Mussolini in song. Many fascist tenets were espoused by American progressives like John Dewey and Woodrow Wilson, and FDR incorporated fascist policies in the New Deal. Fascism was an international movement that appeared in different forms in different countries, depending on the vagaries of national culture and temperament. In Germany, fascism appeared as genocidal racist nationalism. In America, it took a “friendlier,” more liberal form. The modern heirs of this “friendly fascist” tradition include the New York Times, the Democratic Party, the Ivy League professoriate, and the liberals of Hollywood. The quintessential Liberal Fascist isn't an SS storm trooper; it is a female grade school teacher with an education degree from Brown or Swarthmore. These assertions may sound strange to modern ears, but that is because we have forgotten what fascism is. In this angry, funny, smart, contentious book, Jonah Goldberg turns our preconceptions inside out and shows us the true meaning of Liberal Fascism.
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Darker Legacies of Law in Europe

The Shadow of National Socialism and Fascism over Europe and its Legal Traditions

Author: Christian Joerges,Navraj Singh Ghaleigh

Publisher: Bloomsbury Publishing

ISBN: 1847311679

Category: Law

Page: 440

View: 6124

The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.
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Imagine A Forest

Designs and Inspirations for Enchanting Folk Art

Author: Dinara Mirtalipova

Publisher: Rock Point Gift & Stationery

ISBN: 1631062352

Category: Art

Page: 144

View: 8620

Learn to create whimsical folk art with Imagine a Forest! Fine art is created for it's aesthetic, and while looks are important to some degree in the things you create, folk art allows you to relax and enjoy the art you are creating. Imagine a Forest contains 45 step-by-step tutorials that show you how to create charming folk art drawings. Learn the history of folk art to understand the influences and inspire your drawings. Find tips from expert illustrator Dinara Mirtalipova to help guide you through the gorgeous folk scenes. When you're finished your drawing, discover the meaning behind each drawing you have created, and use this to guide you to create your very own works of folk art! With plenty of room to draw in the pages, you'll be able to work alongside a master illustrator.
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American Fascists

The Christian Right and the War on America

Author: Chris Hedges

Publisher: Simon and Schuster

ISBN: 0743284461

Category: History

Page: 274

View: 5469

Explores the political ambitions of the Christian right, discussing how their agenda gained momentum through alternative networks, schools, and publishers, and warns that another national crisis may enable the Christian right to seize political power.
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Ideology and Criminal Law Under Fascist, National Socialist and Authoritarian Regimes

Author: Stephen Skinner

Publisher: N.A

ISBN: 9781509910816

Category:

Page: 320

View: 8433

This proposed collection builds on the success of Fascism and Criminal Law: History, Theory,Continuity (Hart Bloomsbury, 2015). Based on the particular significance of criminal law inunderstanding the nature, exercise and representation of State power identified anddiscussed in that collection, this proposed collection intends to take the discussion further byfocusing on the relationship between ideology and criminal law under Italian Fascism,German National Socialism, and other regimes that could be labelled as generically fascist orauthoritarian. The collection is thus intended to provide wider and deeper reflection on theideas, beliefs and political principles that shaped the criminal law of the systems in question,how those systems operated through courts and repressive practices, and how ideologicalfactors influenced the substantive criminal law. The systems considered are explored bothon their own terms and in some chapters through comparative analysis, in relation to similarsystems and those apparently opposed to them. The collection is also intended to be moreextensive than the previous volume, with almost twice the number of contributors,including as before leading experts in the field and a number of emerging scholars.Moreover, this collection will present chapters by common theme to foster comparative andcritical reflection across systemic boundaries. The collection took root in a two-dayworkshop held at the Institute of Advanced Legal Studies in London on the 10th-11thSeptember 2015, entitled 'Anti-Democratic Ideology and Criminal Law under Fascist,National Socialist and Authoritarian Regimes'. The chapters will all be based on originalresearch and, as with the previous collection, will also constitute an important and muchneeded English language resource providing access to work on legal systems that arecurrently under-represented in Anglo-American scholarship.
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Coping with the Nazi Past

West German Debates on Nazism and Generational Conflict, 1955-1975

Author: Philipp Gassert,Alan E. Steinweis

Publisher: Berghahn Books

ISBN: 1845455053

Category: History

Page: 339

View: 8196

Published in Association with the German Historical Institute, Washington, D.C. Based on careful, intensive research in primary sources, many of these essays break new ground in our understanding of a crucial and tumultuous period. The contributors, drawn from both sides of the Atlantic, offer an in-depth analysis of how the collective memory of Nazism and the Holocaust influenced, and was influenced by, politics and culture in West Germany in the 1960s. The contributions address a wide variety of issues, including prosecution for war crimes, restitution, immigration policy, health policy, reform of the police, German relations with Israel and the United States, nuclear non-proliferation, and, of course, student politics and the New Left protest movement.
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Frameworks for Water Law Reform

Author: Sarah Hendry

Publisher: Cambridge University Press

ISBN: 1107012309

Category: Business & Economics

Page: 148

View: 7313

Develops an analytical framework for water law reform, using case studies across four jurisdictions, for academics, students and policy makers.
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Law After Auschwitz

Towards a Jurisprudence of the Holocaust

Author: David Fraser

Publisher: N.A

ISBN: N.A

Category: Law

Page: 451

View: 8208

The idea of Nazi law is, for many lawyers, an oxymoron. Today, law under the National Socialist regime continues to be portrayed and understood as the ultimate perversion of legality and the Holocaust as the inevitable result of the collapse of the rule of law. This book offers important insights into the ways in which our understanding of the Holocaust and of the law have been built upon mutually reinforcing but erroneous constructions of the two. Fraser argues that the Holocaust is best understood, or at least studied, not as a point of lawless, criminal disjuncture with law, but as offering remarkable points of commonality and continuity with the law, with legality as understood at the time, and with law as we understand and practice it today.Law After Auschwitz studies law and lawyers under Nazi rule, the jurisprudence of Nazi law, and the reception of Nazi law by contemporary legal scholarship. It offers detailed analyses of the ways in which the Holocaust has been constructed in post-war trials. This book raises fundamental questions about legality and ethics in the 21st century. If the Holocaust took place in a “legal” framework, and if the legal system today operates in part in a continuous fashion with Nazi legality, then law must be understood as still operating in the shadow of Auschwitz. Throughout the book, the consequences of a legal system which operates in a state of willful amnesia about its own implication in the Shoah, is the central focus.
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Fascism Old and New

American Politics at the Crossroads

Author: Carl Boggs

Publisher: Routledge

ISBN: 1351049690

Category: Political Science

Page: 240

View: 4729

Deep historical trends suggest the United States could be moving toward a distinctly novel form of fascism, embracing elements of the historical phenomenon as it appeared in such countries as Italy, Germany, Japan, and Spain while departing in significant ways. A twenty-first century fascism would hardly be revolutionary or totalitarian, as it would involve no dramatic break with the past, following a logic of continuity and building on firmaments of entrenched power going back to World War II. This new type of fascist regime would be driven by a tightening confluence of sectoral interests in American society: corporate, state, military, and cultural – interests favoring oligarchy, authoritarianism, the warfare system, and surveillance order within an expanding globalized matrix of power. The dominant historical forces emphasized by such theorists as C. Wright Mills (The Power Elite) and Sheldon Wolin (Democracy, Inc.), an important foundation of this book, have grown stronger and more pervasive across the decades. An integrated power structure has been fueled by new advances in technology, a money-saturated political system, and neoliberal globalism bolstered by the spread of right wing populism that, among other things, has catapulted Donald Trump into the U.S. presidency.? In this book, Carl Boggs explores new political and ideological terrain in systematically considering the prospects for a gradual development of fascism in contemporary American society and, by extension, elsewhere across the advanced industrial world. He persuasively argues that modern fascistic trends, arguably most visible in the U.S., demonstrate a closer affinity with Mussolini’s Italy (corporate state) than with the more extreme Nazi German model of tyranny and genocide.?? A very timely scholarly enterprise, this book will be of interest to students of contemporary radical politics, fascism more broadly, US political history, ideologies and party politics.
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Administration Law Guidebook

Author: Francisco Esparraga,Ian Ellis-Jones

Publisher: N.A

ISBN: 9780195593969

Category: Administrative law

Page: 328

View: 8158

Administrative Law is a challenging subject for most law studentsit deals with complex, abstract and very theoretical conceptsand students find it hard to make connections between theory and application. The Administrative Law Guidebook will help students navigate through the undamental points of administrative law using: Clear and concise explanations of key topics Cases and statutes to remember Examples and exercises Assessment preparation sections Up-to-date cases and legislation
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Antifa

The Anti-fascist Handbook

Author: Mark Bray

Publisher: Melville House

ISBN: 1612197035

Category: History

Page: 259

View: 4285

Born soon after fascism was invented in the early 20th century, the anti-fascist movement - aka 'antifa' - has a long, fascinating history that is surprisingly little known. As it makes a dramatic and widespread reappearance in Trump's America, this book is both a riveting history, and an accessible guide to methods used over the years to fight repressive demagogism.
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Social Theory of Fear

Terror, Torture, and Death in a Post-Capitalist World

Author: Geoffrey R. Skoll

Publisher: Palgrave Macmillan

ISBN: 0230103499

Category: Political Science

Page: 234

View: 3305

Fear has long served elites. They rely on fear to keep and expand their privileges and control the masses. In the current crisis of the capitalist world system, elites in the United States, along with other central countries, promote fear of crime and terrorism. They shaped these fears so that people looked to authorities for security, which permitted extension of apparatuses of coercion like police and military forces. In the face of growing oppression, rebellion against elite hegemony remains possible. This book offers an analysis of the crisis and strategies for rebellion. This ebook is participating in an experiment and is available Open Access under the Creative Commons Attribution-Non Commercial-No Derivatives 3.0 Unported (CC BY-NC-ND 3.0) licence. Users are free to disseminate and reuse the ebook. The licence does not however permit commercial exploitation or the creation of derivative works without specific permission. To view a copy of this license visit http://creativecommons.org/licenses/by-nc-nd/3.0. For more information about the experiment visit our FAQs
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Human Rights and Violence Against Women

Author: Patricia Londono

Publisher: OUP Oxford

ISBN: 9780199579013

Category: Law

Page: 280

View: 953

Violence against women is a human rights issue and this book evaluates the manner in which the European Court of Human Rights is addressing gender-based violence, with particular reference to sexual and domestic violence, as well as violence against girls. In doing so, it works to develop victims' rights in human rights jurisprudence.
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Theory and History

Author: Ludwig von Mises

Publisher: Ludwig von Mises Institute

ISBN: 1610163257

Category:

Page: 384

View: 7528

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Crime and the Fascist State, 1850–1940

Author: Tiago Pires Marques

Publisher: Routledge

ISBN: 1317319745

Category: History

Page: 240

View: 1373

By studying the development of Italy's penal system, Pires Marques provides valuable insights into the wider political culture of European society. Focusing on the rise of fascism in Spain and Portugal as well as Italy, he examines the role of religious, economic and political factors in the making of penal laws.
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Genocide and Fascism

The Eliminationist Drive in Fascist Europe

Author: Aristotle Kallis

Publisher: Routledge

ISBN: 1134300344

Category: History

Page: 426

View: 6930

This book investigates how fascism – as an ideology and political praxis – reconfigured the ideological, political, and moral landscape of interwar Europe, generating an atmosphere of extreme ‘license’ that facilitated the leap into eliminationist violence. It demonstrates how fascist ideology linked the prospect of violent ‘cleansing’ to utopias of national/racial regeneration, thus encouraging and legitimizing targeted hatred against particular ‘others’. It also shows how the diffusion and internationalization of fascism in the 1930s produced a sense of a revolutionary new beginning and created a transnational fascist ‘new order’ in which Nazi Germany came to occupy a potent position of authority. The book analyzes how the eliminationist initiative and precedent of Nazi Germany became a second ‘license’ that empowered fascist regimes across Europe to embark on their own eliminationist projects with diminished accountability. Finally, it examines how this ‘license’ – enhanced by the actions of fascists and the collapse of order caused by World War Two – released individuals and communities from the burden of legal and moral accountability, turning them into accomplishes in the most wide, brutal, and devastating genocidal campaign that the continent had ever experienced.
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Hitler's American Model

The United States and the Making of Nazi Race Law

Author: James Q. Whitman

Publisher: Princeton University Press

ISBN: 1400884632

Category: History

Page: 224

View: 834

How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.
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