Criminology and Criminal Policy Movements
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About the author
Eugenio Raúl Zaffaroni is professor emeritus of Universidad de Buenos Aires, vice-president of the International Association for Criminal Law, judge of the Supreme Court of the Argentine Republic, and former general director of ILANUD (Latin American Institute for the Prevention of Crime and Treatment of Offenders, San José, Costa Rica). He holds doctorates in judicial and social sciences and honoris causa from the Universities of Castilla-La Mancha (Spain), Macerata (Italy), Rio de Janeiro, and several other universities in Latin America. He has written books on criminal law and articles in specialized reviews, and received the Stockholm Prize in Criminology 2009. Zaffaroni is a member of the Eminent Jurist Panel of the ICJ (International Commission of Jurists).
Edmundo Oliveira is professor in criminal law at University of Amazonia, senior jurist, and doctor with a post-doctorate from the Université La Sorbonne, Paris, France. Oliviera is a member of the International Penal and Penitentiary Foundation and the American Society of Criminology, vice-president of the International Society of Criminology, Consultative Agency of the United Nations and the Council of Europe, general rapporteur of the Permanent Committee for Latin America for Revision of Minimum Rules of the United Nations for Treatment of Prisoners, and the former president of the National Council for Criminal and Penitentiary Policy of Brazil. He is a scientific consultant of the European Institute of the United Nations for Prevention and Control of Crime and a researcher in Comparative Criminal Law at the University of Miami Law School.
These 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.
; April 2013
482 pages; ISBN 9780761858539Read online
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Title: Criminology and Criminal Policy Movements
Author: Eugenio Raul Zaffaroni; Edmundo Oliveira
Preface. History, Science, and Politics: Criminology’s Foundations and Challenges – Emilio C. Viano
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
About the Author
In the press
This 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.