Description
Book SynopsisThese studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice.
Trade ReviewThis collection of essays by two South American professors of criminal law is fairly described as 'truly monumental'—essential reading for those interested in the relationships between the intersecting developments of criminology and criminal policy. Collectively, they identify the many worrying features of the current situation from a human rights and civil liberties focus. Politically, their perspective is best described as 'progressive liberal.' The pieces by Argentine Zaffaroni (emer., Univ. of Buenos Aires) are more theoretical, while those of Brazilian Oliveira (Univ. of Amazonia, Brazil) are more practical policy oriented. Both authors show an extreme awareness of pan-historical and geographical trends and divergences. Zaffaroni is especially impressive in his exposition of the dangers implied by the explosion of technology. All his essays are contentious and make fascinating and fruitful reading. For example, he reminds readers of the 'inclusive' and 'exclusive' consequences of 'seeking enemies' and explains how the profusion of 'enemy' and 'war' discourse cripples traditional legal restraints on states. Advocates for visible and accountable laws become a 'hindrance' and, on occasion, 'traitors' (e.g., the cases of Assange, Manning, and Snowden). As a result, the formal search for and punishment of 'enemies' 'justifies' the informal supervisory control of everyone. Summing Up: Highly recommended. Graduate students, researchers, and professional criminal lawyers. * CHOICE *
…A truly monumental work on…written by the two giants in the field. Zaffaroni and Oliveira examine an extraordinary range of crimes, policies, theories, and empirical facts in a broad historical perspective, which is at the same time looking toward the future. -- Setsuo Miyazawa, Aoyama Gakuin University Law School, chair, Local Arrangement Committee, 16th World Congress of the ISC, Ph.D., S.J.D.
Table of ContentsPreface. History, Science, and Politics: Criminology’s Foundations and Challenges – Emilio C. Viano Introduction Chapter 1. Seeking the Enemy: From Satan to Cool Criminal Law – Eugenio Raúl Zaffaroni Chapter 2. Criminology and Psychiatry: The Trauma of the First Meeting – Eugenio Raúl Zaffaroni Chapter 3. Criminal Law and Social Protest – Eugenio Raúl Zaffaroni Chapter 4. Organized Crime: A Frustrated Category – Eugenio Raúl Zaffaroni Chapter 5. Is a Non-Authoritarian Enemy Criminal Law Possible? – Eugenio Raúl Zaffaroni Chapter 6. Girardin: Abolitionism between the Second Empire and the Third French Republic – Eugenio Raúl Zaffaroni Chapter 7. Globalization and the Current Orientations in Criminal Policy – Eugenio Raúl Zaffaroni Chapter 8. The “Dangerous Classes”: The Failure of a Pre-Positivist Police Discourse – Eugenio Raúl Zaffaroni Chapter 9. The Legitimation of Penal Control over the “Strangers” – Eugenio Raúl Zaffaroni Chapter 10. The Path of Criminology – Eugenio Raúl Zaffaroni Chapter 11. Can Criminal Law Really Contribute to the Prevention of Crimes Against Humanity? – Eugenio Raúl Zaffaroni Chapter 12. Crime and Heredity – Edmundo Oliveira Chapter 13. The Delinquent by Tendency – Edmundo Oliveira Chapter 14. Importance and Usefulness of the Criminological Exam – Edmundo Oliveira Chapter 15. The Scientific Character of Criminology – Edmundo Oliveira Chapter 16. Criminology and Criminal Policy – Edmundo Oliveira Chapter 17. Prison: Past, Present and Future – Edmundo Oliveira Chapter 18. Justification for Punishment in Judicial Organization – Edmundo Oliveira Chapter 19. Penitentiary Consensualism – Edmundo Oliveira Chapter 20. Prison and Human Rights – Edmundo Oliveira Chapter 21. Technological Progress and Penal Reform – Edmundo Oliveira Chapter 22. Globalization, Cyberspace and Organized Crime on the Internet – Edmundo Oliveira Bibliography Index About the Author
