The Origins of Different Penological Identities
The Origins of Different Penological Identities
The chapter examines the causes of the formation of two different penological identities in Europe and the United States and their characteristics, focusing on the distinction between US pragmatism and European doctrinarism. It analyses the foundation of the International Union of Penal Law, the American Institute of Criminal Law and Criminology, the International Prison and Penitentiary Congresses, and other congresses and publications to show how the peno-criminological reform movement was driven by a renewed interest in legal comparison. The chapter also investigates how penal reformers and criminologists such as Liszt, Saleilles, Cuche, Pound, Ferri, and other adherents to the Italian Positivist School made a different use of legal history to uphold and legitimize their new proposals.
Keywords: US pragmatism, European doctrinarism, International Union of Penal Law, American Institute of Criminal Law and Criminology, social history of crime, penal evolutionism, Positive School of Criminology, Roscoe Pound, Raymond Saleilles, Franz von Liszt
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