Cambridge, United Kingdom : Cambridge University Press, 2016.
Book — xviii, 536 pages ; 23 cm.
Force of habit
Grapes and wrath
Coup, casualty and catalyst : the Ferri Code, 1919-1925
Fascism's legal Risorgimento, 1925-1931.
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. (source: Nielsen Book Data)
1. Introduction: on the historical significance of the Leggi Razziali--
2. Legislation: race, religion, and the 'Italian Model' of anti-Semitism--
3. Administration: expansion, evasion, and the problem of institutional conflict--
4. Adjudication: theory, practice, and the role of judicial personality--
5. The daily plebiscite: how local officials and ordinary Italians responded to the race laws--
6. From perpetrators to victims: the question of Jewish responses--
7. Conclusion: implications of the study for Italy, the legal profession, and the study of racial statutes.
(source: Nielsen Book Data)
From 1938 until 1943 - before the German occupation and accompanying Holocaust - Fascist Italy drafted and enforced a comprehensive set of anti-Semitic laws. Notwithstanding later rationalizations, the laws were administered with a high degree of severity and resulted in serious damage to the Italian Jewish community. Written from the perspective of an American legal scholar, this book constitutes the first truly comprehensive survey of the Race Laws in the English language. Based on an exhaustive review of Italian legal, administrative and judicial sources, together with archives of the Italian Jewish community, Professor Michael A. Livingston demonstrates the zeal but also the occasional ambivalence and contradictions with which the Race Laws were applied by the Italian legal order and ordinary citizens. Although frequently depressing, the history of the Race Laws contains numerous examples of personal courage and idealism, providing a useful and timely study of what happens when otherwise decent people are confronted with an evil and unjust legal order. (source: Nielsen Book Data)