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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 (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 January 2021

The Constitutional Conundrum of the Limits to Preventive Detention

The Constitutional Conundrum of the Limits to Preventive Detention

(p.231) 10 The Constitutional Conundrum of the Limits to Preventive Detention
Reinventing Punishment

Michele Pifferi

Oxford University Press

The chapter examines the rising criticisms of the individualization principle in the European legal culture between the 1920s and 1930s due to the risks of administrative discretion. It explores the rise of the authoritarian paradigm of criminal law in Nazi Germany (with Dahm’s theory) and Fascist Italy (with Rocco’s codification), its opposition by liberal scholars (Radzinowicz, Drost), its relationship with criminological theories, and the role and use of preventive detention in authoritarian penal regimes. After analysing the arguments of Jerome Hall, who claimed for a return to the nulla poena sine lege principle, warning against the political and social dangers of an unlimited individualization, the chapter provides some considerations on the historical interpretation of the contribution of criminology to the formation of totalitarian penal ideologies, its legacy, exploitation, and betrayal.

Keywords:   preventive detention, Jerome Hall, penal authoritarianism, Georg Dahm, Arturo Rocco, nulla poena sine lege, Nazi criminal law, totalitarian penal law, Leon Radzinowicz, Heinrich Drost

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