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From Repression to Prevention: The Uncertain Borders between Jurisdiction and Administration

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0009
Subject:
Law, Criminal Law and Criminology

The chapter explores how the shift from retributive to preventive justice affected the constitutional balance between judicial and administrative sentencing powers. After analysing the Spanish law ... More


The ‘New Penology’ as a Constitutional Matter: The Crisis of Legality in the Rule of Law and the (1900s to 1930s)

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0007
Subject:
Law, Criminal Law and Criminology

The chapter provides an analysis of the key role of the principle of legality for penal liberalism and of its fragmentation as a consequence of criminological theories and the individualization of ... More


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