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The reception of positivism in Spain = Pedro Dorado Montero /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	The reception of positivism in Spain/ by Jose Franco-Chasan.
其他題名:	Pedro Dorado Montero /
作者:	Franco-Chasan, Jose.
出版者:	Cham :Springer International Publishing : : 2023.,
面頁冊數:	x, 226 p. :illustrations, digital ; : 24 cm.;
Contained By:	Springer Nature eBook
標題:	Legal History. -
電子資源:	https://doi.org/10.1007/978-3-031-46435-5
ISBN:	9783031464355

The reception of positivism in Spain = Pedro Dorado Montero /
Franco-Chasan, Jose.

The reception of positivism in SpainPedro Dorado Montero /[electronic resource] :by Jose Franco-Chasan. - Cham :Springer International Publishing :2023. - x, 226 p. :illustrations, digital ;24 cm. - Studies in the history of law and justice,v. 282198-9850 ;. - Studies in the history of law and justice ;v.3..

1 Introduction -- 2 Contextualising Dorado Montero -- 3 Historical Background -- 4 Dorado Montero's Foreign Influences -- 5 Dorado Montero's Criminal Doctrine - The Protective Law of the Criminals -- 6 Locating Dorado Montero in Spanish Doctrine -- 7 Conclusions.

Pedro Dorado Montero was one of Spain's most relevant authors. He contributed to modern Criminal law and Penology with a very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Montero's proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries. In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed. Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the 'eclectic' label which traditional historiography has applied to him. In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind's imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a 'Doradian positivism' is explored. Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked - even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.

ISBN: 9783031464355

Standard No.: 10.1007/978-3-031-46435-5doiSubjects--Personal Names:

1434690
Dorado Montero, Pedro,
1861-1919.Subjects--Topical Terms:

1112739
Legal History.

LC Class. No.: KKT3800

Dewey Class. No.: 345.46001

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