Designing the ‘New Horizons’ of Punishment
Designing the ‘New Horizons’ of Punishment
The chapter investigates the impact of positivist criminology on liberal criminal law during the late nineteenth and early twentieth centuries, with a specific focus on the new key principles of individualization of punishment and social defence and their consequences on the traditional foundations of criminal law (in particular the principle of legality and the notion of individual responsibility). It analyses the questions raised by the different theories of individualization as well as the different methods by which they were implemented. It describes the methodological approach of the book, which is based on a comparative historical study of the criminological movement, and the principle of individualization and its implementation. The penal reform movement is analysed as both a global and local phenomenon, stressing the need to consider the diversities of the international criminological wave and its local adaptation.
Keywords: historicizing individualization, legal individualization, judicial individualization, administrative individualization, Cesare Lombroso, global legal history, legal transfer, local adaptation, positivist criminology
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