Crime and the Fascist State, 1850–1940

Marques, Tiago Pires

doi:10.4324/9781315654669

Cited by 7 publications

(5 citation statements)

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“…Notes 1. This being said, it is clear that 'preventive policing' in 19th-century Italy might have influenced Ferri's original rendering of (old) Social Defence (Davis, 1988;Marques, 2013). We are indebted to Reviewer #3 for this insightful point.…”

Section: Orcid Idmentioning

confidence: 96%

“…Agenda-setting texts in Criminology associate pre-crime interventions with the era of neoliberalism. Crime prevention programmes, we are told, are the result of leftist and centrist parties adapting to the neoliberal environment, which has limited their policy options (Crawford, 2001; Hughes, 2002; McLaughlin, 2002; Pitts, 2001). Others go further and posit that pre-emptive and actuarial governance (in both criminal justice and national security) are the direct result of neoliberal economic and social policy—particularly the entrance of the insurance industry into questions of policing risk (O’Malley, 2010; O’Malley and Hutchinson, 2007) and the effect of 9/11 on legitimating the turn towards catastrophic imaginaries of future disaster (Zedner, 2007).…”

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confidence: 99%

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The long history of prevention: Social Defence, security and anticipating future crimes in the era of ‘penal welfarism’

Heath-Kelly

Shanaáh

2022

Theoretical Criminology

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Using a combination of documentary and archival research methods, this article explores the development of Social Defence criminology across the 19th and 20th centuries—highlighting the influence the ‘new’ Social Defence movement had upon the United Nations' and Council of Europe's international crime policy programmes. By exploring the integration of Social Defence within these international programmes, the article is able to challenge several longstanding arguments in Criminology which associate pre-crime and the securitization of criminal justice with the neoliberal era. Social Defence scholars influenced International Organizations to research and disseminate anticipatory mechanisms to identify and reform potential deviants decades earlier than prominent theses suggest. These measures were steeped in the language of security and were oriented towards the prevention of future juvenile crime. The article argues for a reweighing of the influence of Social Defence criminology and against accounts which draw significant divisions between ‘penal welfarism’ and ‘neoliberal penality’.

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Section: Orcid Idmentioning

confidence: 96%

mentioning

confidence: 99%

The long history of prevention: Social Defence, security and anticipating future crimes in the era of ‘penal welfarism’

Heath-Kelly

Shanaáh

2022

Theoretical Criminology

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“…Ashworth and Zedner (2014) are probably among the few who have tried to locate, theoretically and historically, the logic of ‘preventive justice’ shaping contemporary crime control policies. But, in spite of the fact that we follow their argument on the inherently preventive nature of much of the legislative endeavour with respect to migration control, we prefer to refer here to the idea of ‘social defence’, 3 a notion which is deeply rooted in the conceptual traditions of continental criminal law scholarship and criminology (Digneffe, 1998; Fijnaut, 2017) and has profoundly influenced the evolution of the Italian criminal justice system (Garfinkel, 2017; Pires Marques, 2013).…”

Section: ‘Risk’ and ‘Danger’ As Categories Of Italian Immigration Lawmentioning

confidence: 99%

Immigration Detention as Social Defence: Policing ‘Dangerous Mobility’ in Italy

Campesi

Fabini

2019

Theoretical Criminology

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Drawing on an empirical study, this article explores the role of immigration detention in Italy by analysing the way a specific rhetoric of ‘dangerousness’ has developed and is being used within the framework of immigration enforcement policies. Our argument is that immigration detention has been transformed into an instrument of crime prevention and ‘social defence’, and that this transformation is fuelled by the central position that the legal categories of ‘risk’ and ‘danger’ have assumed in the regulation of the return procedure. The article contends that immigration law enforcement agencies can make use of immigration detention as a flexible control tool to manage what are perceived as the most problematic populations in urban areas, thus practising a policy of selective enforcement that while not explicitly built along racial and ethnic lines, clearly discriminates among migrants according to their ‘social marginality’ or supposed ‘social dangerousness’.

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“…Italian penality has been influenced by the need to address ‘emergencies’ such as terrorism (during the 1960s, 1970s and early 1980s) and organised crime (especially as of the 1980s – for its effects on homicide rates see Barbagli, 2004: 147). The tools used to tackle these ‘emergencies’ have included instruments already present in the Italian penal code – the Rocco Code – dating from the 1930s, subject only to piecemeal legislation since then, and bearing marks of the authoritarian regime under which it was first passed (Pires Marques, 2013; Skinner, 2011). The Rocco Code still carries the possibility of ‘draconian prison sentences’ (Pavarini, 1994: 49), a potential harshness magnified by Italy’s over-reliance on penal legislation (Maiello, 1997: 940; Nelken, 2005: 225).…”

Section: Italian Penality – Punitiveness and Moderationmentioning

confidence: 99%

“…7 This attention to crimes that challenge the state is carried over from the Fascist era (Pires Marques, 2013). …”

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confidence: 99%

Punishment, authority and political economy: Italian challenges to western punitiveness

Gallo

2015

Punishment & Society

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This article explores the challenges that Italy poses for existing analyses of western punishment. These ‘challenges’ are visible at the penal level and in relation to the variables used to explain contemporary penal trends. In this article I argue that Italian penality cannot be understood in terms of unequivocal ‘punitiveness’ or unequivocal ‘moderation’. Italian trends betray a co-existence and alternation of repression and leniency, whose incidence I trace in penal reform and legislation. I explore the issue of waning state sovereignty and its presumed contribution to increasing punitiveness, explaining why the evolution of the Italian state does not fit this narrative. I argue that Italy is a contested state, whose penal law can be sidelined by the informal norms with which it co-exists. I also ask whether Italian penality can be explained by reference to political economy. I argue that Italy’s hybrid political economy challenges the methodological approach that predicts punitiveness or moderation by reference to political economic evolution. I conclude by explaining why politics – political dynamics, institutions and culture – is the key organizing principle with which to systematize contemporary Italian penality. I argue that political dynamics should likewise be reconsidered by, and integrated into, existing analyses of western punishment.

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Crime and the Fascist State, 1850–1940

Cited by 7 publications

References 0 publications

The long history of prevention: Social Defence, security and anticipating future crimes in the era of ‘penal welfarism’

The long history of prevention: Social Defence, security and anticipating future crimes in the era of ‘penal welfarism’

Immigration Detention as Social Defence: Policing ‘Dangerous Mobility’ in Italy

Punishment, authority and political economy: Italian challenges to western punitiveness

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