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Reinventing PunishmentA Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries$
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Michele Pifferi

Print publication date: 2016

Print ISBN-13: 9780198743217

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198743217.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 10 December 2019

Designing the ‘New Horizons’ of Punishment

Designing the ‘New Horizons’ of Punishment

Chapter:
(p.13) 2 Designing the ‘New Horizons’ of Punishment
Source:
Reinventing Punishment
Author(s):

Michele Pifferi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198743217.003.0002

The chapter investigates the impact of positivist criminology on liberal criminal law during the late nineteenth and early twentieth centuries, with a specific focus on the new key principles of individualization of punishment and social defence and their consequences on the traditional foundations of criminal law (in particular the principle of legality and the notion of individual responsibility). It analyses the questions raised by the different theories of individualization as well as the different methods by which they were implemented. It describes the methodological approach of the book, which is based on a comparative historical study of the criminological movement, and the principle of individualization and its implementation. The penal reform movement is analysed as both a global and local phenomenon, stressing the need to consider the diversities of the international criminological wave and its local adaptation.

Keywords:   historicizing individualization, legal individualization, judicial individualization, administrative individualization, Cesare Lombroso, global legal history, legal transfer, local adaptation, positivist criminology

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