Introduction -- Designing the "new horizons" of punishment -- The origins of different penological identities -- The struggle over the indeterminacy of punishment in the United States (1870s to 1900s) -- The concept of indeterminate sentence in the European criminal law doctrine -- The formation of the European dual-track system -- The "new penology" as a constitutional matter : the crisis of legality in the rule of law and the Rechtsstaat (1900s to 1930s) -- Nulla poena sine lege and sentencing discretion -- From repression to prevention : the uncertain borders between jurisdiction and administration -- The constitutional conundrum of the limits to preventive detention -- Conclusions
Summary
A comparative approach to the history of criminology and penology between 1870s and 1930s, charting the history of the influence of criminological ideas on criminal law systems and sentencing methods and providing an interpretation of the divide between American and European penologies
Bibliography
Includes bibliographical references (pages 261-299) and index
