Criminology and Criminal Policy Movements

Eugenio Raúl Zaffaroni is professor emeritus at the University of 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.

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.

• Preface. History, Science, and Politics: Criminology’s Foundations and Challenges – Emilio C. VianoIntroductionChapter 1. Seeking the Enemy: From Satan to Cool Criminal Law – Eugenio Raúl ZaffaroniChapter 2. Criminology and Psychiatry: The Trauma of the First Meeting – Eugenio Raúl ZaffaroniChapter 3. Criminal Law and Social Protest – Eugenio Raúl ZaffaroniChapter 4. Organized Crime: A Frustrated Category – Eugenio Raúl ZaffaroniChapter 5. Is a Non-Authoritarian Enemy Criminal Law Possible? – Eugenio Raúl ZaffaroniChapter 6. Girardin: Abolitionism between the Second Empire and the Third French Republic – Eugenio Raúl ZaffaroniChapter 7. Globalization and the Current Orientations in Criminal Policy – Eugenio Raúl ZaffaroniChapter 8. The “Dangerous Classes”: The Failure of a Pre-Positivist Police Discourse – Eugenio Raúl ZaffaroniChapter 9. The Legitimation of Penal Control over the “Strangers” – Eugenio Raúl ZaffaroniChapter 10. The Path of Criminology – Eugenio Raúl ZaffaroniChapter 11. Can Criminal Law Really Contribute to the Prevention of Crimes Against Humanity? – Eugenio Raúl ZaffaroniChapter 12. Crime and Heredity – Edmundo OliveiraChapter 13. The Delinquent by Tendency – Edmundo OliveiraChapter 14. Importance and Usefulness of the Criminological Exam – Edmundo OliveiraChapter 15. The Scientific Character of Criminology – Edmundo OliveiraChapter 16. Criminology and Criminal Policy – Edmundo OliveiraChapter 17. Prison: Past, Present and Future – Edmundo OliveiraChapter 18. Justification for Punishment in Judicial Organization – Edmundo OliveiraChapter 19. Penitentiary Consensualism – Edmundo OliveiraChapter 20. Prison and Human Rights – Edmundo OliveiraChapter 21. Technological Progress and Penal Reform – Edmundo OliveiraChapter 22. Globalization, Cyberspace and Organized Crime on the Internet – Edmundo OliveiraBibliographyIndexAbout the Author