A Wide, Invisible Net: Administrative Deportation in Italy, 1863–1871

2018 ◽  
Vol 48 (1) ◽  
pp. 5-33
Author(s):  
Paul Garfinkel
Keyword(s):  
Criminal Justice ◽  
Legal History ◽  
The Political ◽  
Public Order ◽  
Historical Significance ◽  
History Of ◽  
Liberal Government ◽  
Rapid Transformation ◽  
Constitutional Monarchy

This article examines the legal history of domicilio coatto (forced residence), a system of summary police-administered deportation instituted by Italy’s Liberal government soon after national unification in 1861. Introduced in an emergency law in 1863, its limited purpose was to suppress a public-order crisis in the south. Within just eight years, however, forced residence had become a regular institution of Italian criminal justice. Not only did it remain as such until Mussolini’s seizure of power in 1922, but it also provided an important blueprint for confino di polizia, the Fascist variant of forced residence implemented in 1926. Focusing on the complex circumstances in which domicilio coatto emerged, the causes of its rapid transformation into a routine weapon of preventative policing, and the legal ideologies of its proponents, this article aims to explain why Italian legal experts crafted the highly repressive instrument and championed it as an essential, if not desirable, institution of ‘liberal’ criminal justice in the young constitutional monarchy. It argues that domicilio coatto was devised to be not simply an expedient for punishing political opponents, as scholars have long emphasized, but a regular instrument for thwarting what jurists and lawmakers considered to be the principal long-term threat to cementing Liberal rule: common crime. Such an interpretation sheds new light on the origins, objectives and historical significance of forced residence in Liberal Italy; at the same time, it offers a critical complement to the existing scholarship that has focused almost exclusively on the political uses of domicilio coatto.

Judges, Juries, and the History of Criminal Appeals

2011 ◽  
Vol 29 (1) ◽  
pp. 297-302
Author(s):  
Benjamin L. Berger
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Law ◽  
Legal History ◽  
Structural Changes ◽  
Criminal Procedure ◽  
The United States ◽  
Early History ◽  
Criminal Justice Systems ◽  
History Of

The three articles offered in this forum on the early history of criminal appeals do us the great service of adding much of interest on this important but neglected issue in the development of Anglo–North American criminal procedure. The opaqueness of the legal history of criminal appeals stands in stark contrast to their centrality and apparent naturalness in contemporary criminal justice systems in England, Canada, and the United States. These three papers look at the period leading up to and immediately following the creation of the first formalized system of what we might call criminal appeals, the establishment of the Court of Crown Cases Reserved (CCCR) in 1848. This key period in the development of the adversary criminal trial was marked by both a concerted political effort to codify and rationalize the criminal law and by profound structural changes in the management of criminal justice.

Introduction

2018 ◽  
pp. 1-28
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Social History ◽  
Legal History ◽  
The United States ◽  
Historical Research ◽  
The Political ◽  
Bill Of Rights ◽  
History Of ◽  
The Law ◽  
The U.S

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.

scholarly journals TRANCE-GRESSION: TECHNOSHAMANISM, CONSERVATISM AND PAGAN POLITICS

2010 ◽  
Vol 4 (2) ◽  
pp. 201-220
Author(s):  
David Green
Keyword(s):  
Criminal Justice ◽  
Environmental Politics ◽  
The Political ◽  
Public Order ◽  
Moral Panics ◽  
Especial Reference ◽  
Conservative Government ◽  
Rave Culture ◽  
Spiritual Freedom

This article looks at the politics of successive Conservative governments in Britain in the 1980s and ‘90s through the lens of the increasing politicisation of Paganisms in that period. A wave of moral panics in the late ‘80’s and early ‘90s concerning marginal communities – such as Ravers, New Age travellers and anti-road protesters – and their ‘riotous assemblies’, culminated in the Conservative Government of John Major enacting The Criminal Justice and Public Order Act of 1994. This was seen by these communities as legislation against alternative lifestyles and, in some respects, an infringement of spiritual freedom. Using the case study of technoshamanism – a Pagan meeting of ‘rave’ culture and neo-shamanism – I wish to examine how the political and Pagan religious landscapes of ‘80s and ‘90s Britain intersected and led to politically engaged forms of Pagan practice often centred around grassroots lifestyle and environmental politics. This will be explored with especial reference to the politicisation of The Spiral Tribe, a technoshamanic collective of the early ‘90s, and their increasing involvement in resisting the 1994 Act and promotion of campaigns such as Reclaim the Streets.

Respectable Mistresses

2018 ◽  
Author(s):  
Nicole von Germeten
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Middle Class ◽  
Mexico City ◽  
Sex Work ◽  
Legal History ◽  
Gender And Sexuality ◽  
Public Order ◽  
Sexually Active ◽  
History Of

This chapter begins with a quote from the celebrated seventeenth-century Mexico City Poet, Sor Juana Ines de la Cruz, highlighting the hypocritical intersection between gender and sexuality in this era. The focus here is on the legal history of eighteenth-century middle class women who retained a degree of public honor as they took part in sex work inside their homes.The confused eighteenth-century reactions by church, state, and neighbors to sexually active women often derived from increased opportunities for permitted or at least tolerated socializing between the sexes. These new social spaces challenged official ideas of public order and permissible gender interaction.

Liberal Toryism in the Twentieth Century

1994 ◽  
Vol 4 ◽  
pp. 177-201
Author(s):  
Michael Bentley
Keyword(s):  
Deep Structure ◽  
Conservative Party ◽  
Point Of View ◽  
First Century ◽  
The Political ◽  
Historical Significance ◽  
Political Ideologies ◽  
History Of ◽  
Party Ideology ◽  
The Moment

DUST has scarcely had time to settle on Lady Thatcher; yet already a thick sediment of historical significance attaches to the fifteen years of her ascendancy. The period between 1975 and 1990 looks likely to prove as significant for the political ideologies of the twenty-first century as that between, say, 1885 and 1906 currently looks for our own. In the twilight world of John Major (who appears part-antidote, part-surrogate), Conservative ideology is becoming informed by reviews from both sides as they reflect on not only what went wrong but what it was that seemingly went so right, from a party point of view, for so long. We have just had placed before us, for example, John Campbell's admirable biography of Sir Edward Heath, on theone hand, and Alan Clark's transfixing diaries very much on the other. Such documents supplement amass of theorising and comment by political scientists and journalists, most of which dwells on the twin themes of discontinuity and dichotomy. The history of the Tory party is seen to enter a period of catastrophe by the end of the Heath government out of which there emerges a distinct party ideology which people call ‘Thatcherism’: a ‘New Conservatism’ radically distinct from the compromise and accommodation that marked politics after 1951. But that process was contested within the party—hence a dichotomy between two persuasions: the hawks and the doves, the dries and the wets, the Tories and the Conservatives, the true blues and the Liberals. Language of this kind has a particular interest to historians. They want to raise issues about its chronological deep-structure: how ‘new’ was this ‘New Conservatism’?. They recognise the need to situate the dichotomies of the moment in a wider context of Conservative experience: how singular is a doctrine of dichotomy within Conservative party doctrine? Above all they bring into question bald postulates about the nature of current Conservatism which do not compare experience across time

English Criminal Justice Administration, 1650–1850: A Historiographic Essay

2007 ◽  
Vol 25 (3) ◽  
pp. 593-634 ◽  
Author(s):  
Bruce P. Smith
Keyword(s):  
Criminal Justice ◽  
Legal History ◽  
University Of Cambridge ◽  
Inaugural Lecture ◽  
The World ◽  
History Of ◽  
English Law ◽  
The University

In his inaugural lecture as Downing Professor of the Laws of England at the University of Cambridge, delivered in October 1888, Frederic Maitland offered a set of provocative and now familiar reflections on “Why the history of English law is not written.” According to Maitland, although English archives possessed “a series of records which for continuity, catholicity, minute detail[,] and authoritative value” had “no equal…in the world,” the “unmanageable bulk” of these sources had “overburdened” aspiring historians of English law. As a result, “large provinces” of English legal history remained to be “reclaimed from the waste.” With few willing to undertake such reclamation efforts, the historiography of English law remained as bleak and barren as the bogs from which Maitland's Cambridgeshire had itself only reluctantly emerged.

scholarly journals ANALYSIS OF IMPROVEMENT OF LENIN STREET IN UFA

2020 ◽  
Vol 35 (1) ◽  
pp. 235-242
Author(s):  
A.M. Sharipova ◽  
Keyword(s):  
Urban Environment ◽  
Historical Significance ◽  
History Of ◽  
Pedestrian Space ◽  
The City

The article considers the history of the formation of Lenin street in the city of Ufa. Its main attractions are listed. The analysis of street improvement according to the main criteria of a favorable urban environment is carried out. The main problems of this territory are also identified. The method of work consists in carrying out an analysis of street improvement using the main criteria of a favorable urban environment. Studies have found that Lenin street is a great place for walking residents and guests of the city. The analysis of landscaping also showed that the territory is quite comfortable and safe for long-term stay of people on the pedestrian space. And also, you can see that much attention is paid to the appearance of buildings and the preservation of the historical significance of the street and the entire city of Ufa.

scholarly journals Nepal: From Constitutional Monarchy to a Republican State (1990-2008)

2020 ◽  
Author(s):  
Tri Ratna Manandhar
Keyword(s):  
Political Parties ◽  
The Political ◽  
Parliamentary System ◽  
Constituent Assembly ◽  
Head Of State ◽  
Good Government ◽  
History Of ◽  
Maoist Movement ◽  
Democratic Constitution ◽  
Constitutional Monarchy

The peoples’ movement of 1990 was a great landmark in the history of modern Nepal for it ended the three-decades of the old dictatorial rule of the king and established a parliamentary system with the king as a nominal head of state. But unfortunately, the country could not form a good government because of inter and intra-party conflicts. To add fuel to the flame, the rise of the Maoist movement and the royal massacre put the country in a state of confusion and uncertainty. The new king tried to revive dictatorial rule once again by suppressing the political parties and the Maoists. But his attempts failed, and the 19-day movement in 2006 re-established peoples’ sovereignty in the country. The first meeting of the elected constituent assembly in 2008 formally ended monarchy and declared Nepal a republic. But the first constituent assembly ended its four–year term without drafting a constitution. The second constituent assembly has pledged to promulgate a democratic constitution by January 2015, but all indications are that that the country is unlikely to get a constitution in time.  

scholarly journals Poznański Czerwiec i rok 1956 – historia i pamięć po sześćdziesięciu latach

2017 ◽  
pp. 42-54
Author(s):  
Paweł Sasanka
Keyword(s):  
Social Support ◽  
Historical Research ◽  
The Political ◽  
Defining Moments ◽  
Political Transformations ◽  
Communist System ◽  
History Of ◽  
Long Term Consequences ◽  
Survey And Evaluation

The article is a brief survey and evaluation of historical research on Poznań 1956 protests, the political change in October 1956, and the year in general. An important gap was filled by the publication of Piotr Grzelczak’s book on the long-term consequences of the Poznań protests, and the conflict over its remembrance between government representatives and local inhabitants of the region, since the protests were one of the defining moments in recent history of Poznań. The article also includes a summary of the controversy between historians over the importance of 1956 as a watershed in Polish history, with some historians arguing that a more liberal image of the communist system in Poland was formed in 1956, while others argued that the communist dictatorship was stabilized by winning wider social support. The author has indicated an increasing separation between narratives about the Poznań protests in June and the political transformations in October, which has consequences and threats related to polarized perception of history, leading to meagre and simplified understanding of social realities of the Polish People’s Republic after 1956.

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