The monograph entititled Between science and arbitrary. The problem judicial and criminal in Sicilies from 1821 to 1848 following the path initiated by the author with the book Coding and criminal justice in the Sicilies from 1808 to 1820 (Jovene 2001) aimed at providing a complete picture of criminal justice in the Kingdom of Naples during the first half of the Nineteenth century in relation to the plight of the South in social-cultural terms. The research is focused on three complementary levels: a) the examination of laws and regulations relating to judicial and criminal matter (and their development in the government) conducting by a large number of unpublished documents held at the State Archives of Naples; b) examination of the courts, ordinary and exceptional, conducted through collections of case law, rulings and court statistics; c) the study of the doctrine of criminal law with emphasis on Neapolitan jurists like Niccola Nicolini, Francesco Canofari , Giuseppe Raffaelli and contributions appeared on the Neapolitan law journals in the period 1830-1850. The monograph highlights the existence of a double level of criminal justice: on the one hand that "codicistica" - designed to deal a serious matter but less alarm for the government - based on compliance with the principles of dispute and free conviction of the judge, on the other than exceptional - direct to repress forms of rebellion and onset - that is implemented by military commissions, special and exceptional courts , took on a continuing basis throughout the nineteenth century.
Tra scienza e arbitrio. Il problema penale e giudiziario nelle Sicilie dal 1821 al 1848
MASTROBERTI, Francesco
2005-01-01
Abstract
The monograph entititled Between science and arbitrary. The problem judicial and criminal in Sicilies from 1821 to 1848 following the path initiated by the author with the book Coding and criminal justice in the Sicilies from 1808 to 1820 (Jovene 2001) aimed at providing a complete picture of criminal justice in the Kingdom of Naples during the first half of the Nineteenth century in relation to the plight of the South in social-cultural terms. The research is focused on three complementary levels: a) the examination of laws and regulations relating to judicial and criminal matter (and their development in the government) conducting by a large number of unpublished documents held at the State Archives of Naples; b) examination of the courts, ordinary and exceptional, conducted through collections of case law, rulings and court statistics; c) the study of the doctrine of criminal law with emphasis on Neapolitan jurists like Niccola Nicolini, Francesco Canofari , Giuseppe Raffaelli and contributions appeared on the Neapolitan law journals in the period 1830-1850. The monograph highlights the existence of a double level of criminal justice: on the one hand that "codicistica" - designed to deal a serious matter but less alarm for the government - based on compliance with the principles of dispute and free conviction of the judge, on the other than exceptional - direct to repress forms of rebellion and onset - that is implemented by military commissions, special and exceptional courts , took on a continuing basis throughout the nineteenth century.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
