Histories of Crime and Criminal Justice and the Historical Analysis of Criminal Law

Author(s):  
Markus D. Dubber

This essay reflects on the relationship between the history of crime, the history of criminal justice, and the history of criminal law. It suggests an account of the historical-comparative analysis of criminal law that locates it within the general project of critical analysis of law and police on the one hand, and a rich multidisciplinary historiography of crime on the other hand. There are as many histories of crime as there concepts of crime. As a social phenomenon, social historians are interested; law may figure into these histories as one factor in constructing the social environment of crime. Social histories ought not to preclude other perspectives, such as moral, cultural, and political histories. Ideally, histories of crime will come from various perspectives, but with clearly defined tools of analysis, and will complement one another to generate a nuanced and contextual kind of historical inquiry.

2011 ◽  
Vol 13 (2) ◽  
pp. 182-197 ◽  
Author(s):  
Anna Gianfreda

Religious offences in Italy, as in many European countries, have a long and complex history that is intertwined with the events in the history of the relationship between church and state and the institutional and constitutional framework of a nation.This article is divided into three parts. The first part aims to offer some historical remarks concerning the rules on the contempt of religion and blasphemy in Italian criminal law from the end of the 19th century to the present day. The second part focuses on changes to the law on vilification introduced in 2006 and the third part deals with the recent developments in blasphemy law in the context of sport.The article shows that, on the one hand, reforms of the offences grouped under vilification of religion are anachronistic and do not stand up against the religious freedom of individuals, yet on the other, despite the traditional rules for the protection of religion being considered obsolete, they are applied in new areas of law, for example sport, and are used to curb bad manners and bad behaviour. The relationship between the new functions of these criminal rules and the traditional ones, however, remains uncertain and fluctuating, and reveals a moralistic approach to religious offences.


AJS Review ◽  
1989 ◽  
Vol 14 (1) ◽  
pp. 17-46 ◽  
Author(s):  
Elliott Horowitz

Although religious history has traditionally concerned itself with the transcendent dimension in human life, and social history with the mundane, the latter approach can also be used to illuminate the ways in which religion works itself out on the social plane. In fact, it might be argued that inquiries of this sort should occupy a prominent place on the agenda of any social and religious history of the Jews. Among historians of the Annales school, for whom the study of material life was long considered the backbone of historical inquiry, there has been a discernible move in recent years toward the study of religious life, especially in its popular forms. Whereas, for example, previous volumes in the valuable Johns Hopkins series of “Selections from the Annales” were devoted to such topics as food and drink in history, the one published in 1982 was entitled, significantly, Ritual, Religion and the Sacred.


1960 ◽  
Vol 20 (4) ◽  
pp. 559-565 ◽  
Author(s):  
W. T. Easterbrook

Present interest in communication research in the social and physical sciences raises some interesting and difficult questions for the economic historian. Arthur Cole, who claims that he is merely trying to carry further the work of Harold Innis and others at Toronto, but who is surely the moving spirit in this session, has suggested that we might begin by pin-pointing a few leading questions for examination. Is this comparatively recent development to be regarded as merely a passing phase in the history of fashions in thought? Is the process of relating communication to economic change mainly a process of sophistication and is there anything to argue about in this relationship? Or, on the other hand, does it in fact amount to a major break-through in scientific and historical analysis, something comparable to the impact made on economics about a century ago by the Austrian School?


Author(s):  
Ciro Portella Cardoso ◽  
Tiago Anderson Brutti ◽  
Marcelo Cacinotti Costa ◽  
Gabriela Dickel das Chagas ◽  
Deivid Jonas Silva da Veiga ◽  
...  

The present work is the result of the reflections provided by the classes of the Postgraduate Program in Sociocultural Practices and Social Development, at the University of Cruz Alta - UNICRUZ (RS). Thus, the proposal of analyzing and explaining the literary work "The House of Spirits" by the Chilean writer Isabel Allende was brought forward. Book that became a bestseller in Brazil, after its release in April 1984. This work aims to examine the construction of Isabel Allende's success in the 1980s, through the biographical and historical analysis of the representations of Chile, the Chilean military dictatorship and the reference to the female gender, elements that appear in her writings. The history of the work "The House of Spirits" portrays the life of the Trueba family, which over four generations was part of the social and political movements of Chile. The main figures of the plots are always women, especially the one who embodies the role of the writer, with the function of organizing and recreating the memory of the family in a text that allows establishing deep connections with other narratives of Latin American women.


1990 ◽  
Vol 27 ◽  
pp. 467-480
Author(s):  
James F. McMillan

This lecture should also have a sub-title, perhaps something like ‘a study in ambiguity’, because I want to use it as a particular example of the great paradox which seems to lie at the core of the relationship between women and the Church. On the one hand, as is well known, most varieties of Christianity have been marked by a more or less powerful misogynist strain which, understandably, has been the focus for feminist denunciations of the Church as one of the principal enemies of women’s rights. On the other hand, as ecclesiastical historians perhaps know better than others, Christianity cannot be viewed crudely as a force invariably responsible for women’s oppression, since from its beginnings it has proved itself specially attractive to women, allowing them to find inner peace and deep fulfilment through Church-related activities. I hope to show tliat the history of women’s involvement in the social Catholic movement in France in the period before the First World War is a perfect illustration of the paradoxical situation in which, within the framework of a potentially restrictive Christian discourse, women have been able to make a distinctive contribution both to their religion and to society in general.


2019 ◽  
Vol 59 (3) ◽  
pp. 358-401
Author(s):  
R G Bloemberg

Abstract In this article a comparative historical analysis is given of the development of the criminal law of evidence between 1750 and 1870 in, on the one hand, English law and, on the other hand, in the continental jurisdictions of France, Germany and the Netherlands. The main argument is that, although there were significant differences, there were also important similarities in the development of the criminal law of evidence among these jurisdictions that so far have largely gone unnoticed. The article focuses on the ideas underlying the reform of the criminal law of evidence. It will be argued that there were in particular two important ideological changes in the seventeenth and eighteenth centuries that shaped the reform of the criminal law of evidence. For lack of a better term, these developments are called the ‘political-constitutional discourse’ and the ‘epistemological discourse’. The epistemological change consisted of the adoption of a probabilistic conception of the certainty that was required in criminal cases. The term ‘political-constitutional discourse’ is meant to designate the general process of rethinking the relationship between the state and its citizens that took place between the seventeenth and nineteenth centuries.


Author(s):  
Jesse Schotter

The first chapter of Hieroglyphic Modernisms exposes the complex history of Western misconceptions of Egyptian writing from antiquity to the present. Hieroglyphs bridge the gap between modern technologies and the ancient past, looking forward to the rise of new media and backward to the dispersal of languages in the mythical moment of the Tower of Babel. The contradictory ways in which hieroglyphs were interpreted in the West come to shape the differing ways that modernist writers and filmmakers understood the relationship between writing, film, and other new media. On the one hand, poets like Ezra Pound and film theorists like Vachel Lindsay and Sergei Eisenstein use the visual languages of China and of Egypt as a more primal or direct alternative to written words. But Freud, Proust, and the later Eisenstein conversely emphasize the phonetic qualities of Egyptian writing, its similarity to alphabetical scripts. The chapter concludes by arguing that even avant-garde invocations of hieroglyphics depend on narrative form through an examination of Hollis Frampton’s experimental film Zorns Lemma.


2021 ◽  
Vol 101 (2) ◽  
pp. 127-146
Author(s):  
Matthew DelSesto

This article explores the social process of criminal justice reform, from Howard Belding Gill’s 1927 appointment as the first superintendent of the Norfolk Prison Colony to his dramatic State House hearing and dismissal in 1934. In order to understand the social and spatial design of Norfolk’s “model prison community,” this article reviews Gills’ tenure as superintendent through administrative documents, newspaper reports, and his writings on criminal justice reform. Particular attention is given to the relationship between correctional administration and public consciousness. Concluding insights are offered on the possible lessons from Norfolk Prison Colony for contemporary reform efforts.


2020 ◽  
Vol 136 (2) ◽  
pp. 538-566
Author(s):  
Sandra Issel-Dombert

AbstractFrom a theoretical and empirical linguistic point of view, this paper emphasizes the importance of the relationship between populism and the media. The aim of this article is to explore the language use of the Spanish right wing populism party Vox on the basis of its multimodal postings on the social network Instagram. For the analysis of their Instagram account, a suitable multimodal discourse analysis (MDA) provides a variety of methods and allows a theoretical integration into constructivism. A hashtag-analysis reveals that Vox’s ideology consists of a nativist and ethnocentric nationalism on the one hand and conservatism on the other. With a topos analysis, the linguistic realisations of these core elements are illustrated with two case studies.


2009 ◽  
pp. 93-112
Author(s):  
Emanuela Confalonieri ◽  
Cristina Giuliani ◽  
Alessandra Bongiana ◽  
Paola Pavesi

- The present study, related to the one published some years ago (Confalonieri et al., 2004), is an investigation on forced prostitution and the related violence's types in immigrant women involved in streetwalking prostitution. Using the social records available by the Ufficio Stranieri (Comune di Milano), the purpose is to identify the presence of 1) childhood maltreatments or violence before the entry in sex exploitation market and 2) subsequent adult sexual revictimization from partners, pimps and clients. Data were analysed using phenomenological descriptive analysis. The relationship between childhood maltreatment and abuse and subsequent involvement in sex work is discussed comparing data and life histories of immigrant prostitutes coming from Nigeria and East Europe. The role played by social and contexual variables in sexual exploitation story are also considered.Key words: immigration, violence, prostitution, infancy, adulthood.Parole chiave: immigrazione, violenza, prostituzione, infanzia, etŕ adulta.


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