Includes bibliographical references (pages 261-299) and index.
Contents:
Conclusions. The constitutional conundrum of the limits to preventive detention -- 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.
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