Criminal Justice in Italy between the End of the Liberal State and Fascism: Transnational Perspectives between the USA and Italy (1919-1945)

This article considers how American scholars and articles published in English viewed the Italian reforms of Criminal Justice implemented between the “Ferri project” (1919) and the Fascist regime. It analyzes in particular how Fascist criminal reforms have been received, interpreted and assessed fro...

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Main Author: Luigi Lacchè
Format: Article
Language:fra
Published: Association Clio et Themis 2025-05-01
Series:Clio@Themis
Subjects:
Online Access:https://journals.openedition.org/cliothemis/5821
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author Luigi Lacchè
author_facet Luigi Lacchè
author_sort Luigi Lacchè
collection DOAJ
description This article considers how American scholars and articles published in English viewed the Italian reforms of Criminal Justice implemented between the “Ferri project” (1919) and the Fascist regime. It analyzes in particular how Fascist criminal reforms have been received, interpreted and assessed from that perspective. To summarize the views of American legal thinkers on Fascist criminal reforms we can say that, despite the popularity of positivism in the U.S. at the turn of the century, the radical Ferri Code was criticized in several respects. By the mid-1930s American responses were still focused on questions of criminal science, rather than the nature of the regime itself. The isolationist policy of the U.S. did not prevent a number of scholars from assessing certain aspects of Fascist codes and criminal reforms, pointing out problems and contradictions. The transnational viewpoint is therefore important to understand better the real nature of the Fascist regime and the formal maintenance of the principle of legality.
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spelling doaj-art-1d36af9d38d84a28b21c1f43a81f6fb52025-08-20T03:47:44ZfraAssociation Clio et ThemisClio@Themis2105-09292025-05-012810.4000/13wweCriminal Justice in Italy between the End of the Liberal State and Fascism: Transnational Perspectives between the USA and Italy (1919-1945)Luigi LacchèThis article considers how American scholars and articles published in English viewed the Italian reforms of Criminal Justice implemented between the “Ferri project” (1919) and the Fascist regime. It analyzes in particular how Fascist criminal reforms have been received, interpreted and assessed from that perspective. To summarize the views of American legal thinkers on Fascist criminal reforms we can say that, despite the popularity of positivism in the U.S. at the turn of the century, the radical Ferri Code was criticized in several respects. By the mid-1930s American responses were still focused on questions of criminal science, rather than the nature of the regime itself. The isolationist policy of the U.S. did not prevent a number of scholars from assessing certain aspects of Fascist codes and criminal reforms, pointing out problems and contradictions. The transnational viewpoint is therefore important to understand better the real nature of the Fascist regime and the formal maintenance of the principle of legality.https://journals.openedition.org/cliothemis/5821ItalyReformCriminal JusticeFascismUSAtransnational perspective
spellingShingle Luigi Lacchè
Criminal Justice in Italy between the End of the Liberal State and Fascism: Transnational Perspectives between the USA and Italy (1919-1945)
Clio@Themis
Italy
Reform
Criminal Justice
Fascism
USA
transnational perspective
title Criminal Justice in Italy between the End of the Liberal State and Fascism: Transnational Perspectives between the USA and Italy (1919-1945)
title_full Criminal Justice in Italy between the End of the Liberal State and Fascism: Transnational Perspectives between the USA and Italy (1919-1945)
title_fullStr Criminal Justice in Italy between the End of the Liberal State and Fascism: Transnational Perspectives between the USA and Italy (1919-1945)
title_full_unstemmed Criminal Justice in Italy between the End of the Liberal State and Fascism: Transnational Perspectives between the USA and Italy (1919-1945)
title_short Criminal Justice in Italy between the End of the Liberal State and Fascism: Transnational Perspectives between the USA and Italy (1919-1945)
title_sort criminal justice in italy between the end of the liberal state and fascism transnational perspectives between the usa and italy 1919 1945
topic Italy
Reform
Criminal Justice
Fascism
USA
transnational perspective
url https://journals.openedition.org/cliothemis/5821
work_keys_str_mv AT luigilacche criminaljusticeinitalybetweentheendoftheliberalstateandfascismtransnationalperspectivesbetweentheusaanditaly19191945