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13.02.2024
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This proposed collection builds on the success of Fascism and Criminal Law: History, Theory,Continuity (Hart Bloomsbury, 2015). Based on the particular significance of criminal law in understanding the nature, exercise and representation of State power identified and discussed in that collection, this proposed collection intends to take the discussion further by focusing on the relationship between ideology and criminal law under Italian Fascism,German National Socialism, and other regimes that could be labelled as generically fascist or authoritarian. The collection is thus intended to provide wider and deeper reflection on the ideas, beliefs and political principles that shaped the criminal law of the systems in question,how those systems operated through courts and repressive practices, and how ideological factors influenced the substantive criminal law. The systems considered are explored both on their own terms and in some chapters through comparative analysis, in relation to similar systems and those apparently opposed to them. The collection is also intended to be more extensive than the previous volume, with almost twice the number of contributors,including as before leading experts in the field and a number of emerging scholars.Moreover, this collection will present chapters by common theme to foster comparative and critical reflection across systemic boundaries. The collection took root in a two-day workshop held at the Institute of Advanced Legal Studies in London on the 10th-11thSeptember 2015, entitled 'Anti-Democratic Ideology and Criminal Law under Fascist,National Socialist and Authoritarian Regimes'. The chapters will all be based on original research and, as with the previous collection, will also constitute an important and much needed English language resource providing access to work on legal systems that are currently under-represented in Anglo-American scholarship.
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