Law & Humanities Blog |
| Criminology and Reform in the Early 20th Century Posted: 09 Jan 2014 09:08 AM PST Michele Pifferi, University of Ferrara, Faculty of Law, has published Global Criminology and National Tradition. The Impact of Reform Movements on Criminal Systems at the Beginning of the 20th Century in Entanglements in Legal History: Conceptual Approaches (Thomas Duve, ed.; Max Planck INstitute for European Legal History Open Access Publications, 2013). This article focuses on the international movement towards individualization of punishment between the 1870s and the 1930s as a model to study how legal theories developed in a global scientific dialogue have been differently shaped according to national traditions. Even if interpreted in different ways, the common idea shared by prison reformers, exponents of the new criminological science and a large part of public opinion in Europe, United States and Latin America necessitated a radical change from repression to prevention. The main focus shifted from crime as an abstract entity to criminals as natural, social human beings immersed in a complex network of environmental, social, economic conditions which affected their behavior. |
Nonetheless, the 'criminological wave' between the 1880s and the 1930s was not a uniform international parenthesis, but reflected in its variety the differences between American and European legal cultures and their notion of the principle of legality.Download the essay from SSRN at the link.
A Reception Study on International Law in the US
Posted: 09 Jan 2014 09:00 AM PST
Vincent Chetail, Graduate Institute of International and Development Studies (HEI), has published Vattel and the American Dream: An Inquiry into the Reception of the Law of Nations in the United States in The Roots of International Law: Liber Amicorum Peter Haggenmacher 251 (V. Chetail & P.-M. Dupuy eds.; Martinus Nijhoff, 2013). Here is the abstract.
No other book on international law has been more widely read and cited than The Law of Nations by Vattel. The present article identifies and analyses the various reasons that explain Vattel's authority in the United States. It first retraces his influence on the Founding Fathers, on the subsequent diplomatic and judicial practice, and on the legal doctrine in the United States. The article then examines his conception of national sovereignty as the most decisive reason explaining Vattel's influence in the United States and the overall impact of his work.Download the essay from SSRN at the link.
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