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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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(p.252) 11 Conclusions
Reinventing Punishment

Michele Pifferi

Oxford University Press

The final chapter provides a summary of the shaping of two penological identities, showing how different conceptions of individualization, social defence, and prevention led the European and US legal systems to adopt diverse forms of preventive detention or indefinite segregation. It shows how the inherent tensions between individualization of punishment and individual safeguards have not been solved even after World War II, and examines how recent decisions of the European Court of Human Rights have once again brought up longstanding questions about the constitutional legitimacy and limits of preventive justice and detention. The chapter argues for the contribution of comparative legal history to the understating of current penological matters.

Keywords:   preventive justice, preventive detention, comparative legal history, social defence, constitutional protections, European Court of Human Rights, Sicherungsverwahrungen, preventive state

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