Bernardino Alimena and Emanuele Carnevale: The third school of criminal law searching for a compromise

• Autores: Stefano Vinci
• Localización: Glossae: European Journal of Legal History, ISSN-e 2255-2707, ISSN 0214-669X, Nº 17, 2020, págs. 47-82
• Idioma: inglés
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• Resumen

  • The essay reconstructs the thought of the Italian jurists Bernardino Alimena and Emanuele Carnevale who, at the end of the 19th century, proposed a third criminal law school based on the theories that mediated the antagonistic positions of the classical school and the positive school. In particular, the new tendency rejected Lombroso’s doctrine of the born criminal and showed a strong openness towards criminal sociology, in line with the propositions to reform the criminal law coming mainly from the French criminal science. The debate (that arose in the aftermath of the publication of the program of this new school) was characterized by a strong reaction of the positivists and numerous approvals from the European penalists. The last ones made famous the two jurists whose theories also echoed in Russia and Latin America.