[76-141]
76. OFFENCES AGAINST THE FAMILY AND SEXUAL MORALITY
Les infractions contre la famille et la moralité sexuelle
Report of CNPDS presented by the Italian Group of AIDP to the IXth International Congress of the International Association of Penal Law
The Hague, 24th-29th August 1964
Ed. Cujas - Paris - 1964 - 186 pages
PRESENTATION
The Report, with the various contributions it comprises, presents a practical analysis of the rules contained in the Italian Penal Code on offences against the family, morality and sexual freedom. Due attention is also given to the ethical-social and criminological aspects, with references being made to Comparative Law.
CONTENTS
Offences against the family and sexual morality (G. D. Pisapia) - Sociological bases of sexual morality and prostitution (L. Saffirio) - Some thoughts on the motivation of adultery (C. Malberti) - Abortion and the use of contraceptive methods (S. Ranieri and M.A. Gnocchi) - Artificial insemination and adultery (A. Malinverni) - Offences against family morality committed through the press (M. Giustiniani) - Failure to grant «conjugal rights» (G. Jucci) - The Law
of 20th February 1958 No. 75, «Abolition of the control of prostitution and
the fight against the exploitation of prostitution by third parties», and some
resulting criminogenic effects (V. Marcucci) - Abuse of means of correction and discipline (F. Mantovani) - Aspects of the problem of non-punishability in the cases of adultery and concubinage (G. Pecorella).
77. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari 1964
I - Giovanni Maria Bertin, School and Society in Italy
with contributions by Achille Ardigò and Luigi Meschieri - 230 pages
PRESENTATION
The studies on the theme «The school and the Italian changing society» were undertaken by experts and the results gathered in a Collection of 28 volumes, dealing respectively with the various themes involved. This first Volume serves as an Introduction, in that it sets out the range of problems on the subject and indicates the lines of study followed.
CONTENTS
Education and society in transformation. Directions of social and economic progress and the situation of the school in the world: Technological and economic progress and its reflection on professional distribution - Position of the school - Scholastic planning and financing for teaching - Economic and social transformations. Development of the professional structure and scholastic expansion in Italy: Social and economic transformations in Italy. Evolution of the professional structure - Scholastic expansion. The state of the school in Italy and lines of development: - Scholastic structure and systems - The problems of the university - Special problems. Contributions to studies directed towards a new educational policy: - Social-pedagogic and structural problems - Family education and structures linked with scholastic action - Mal-adjustment in the growing years - University pedagogic research - The transformation of Italian society and sociological research (A. Ardigò) - The Italian university and Italian society in transformation (A. Ardigò) - Reflections of economic and technological transformation in certain fields of the psychology of work (L. Meschieri).
78. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
II - Luigi Volpicelli, Structural Reforms
with the collaboration of Franco Ferrarotti, Romolo Lenzi, Marcello Lucchetti, Giovanni Modica, Adriano Ossicini, Iclea Picco and Tullio Tentori - 113 pages
PRESENTATION
The studies, of which this forms the second Volume, examined structural reforms in the schools, in the context of Italian society in transformation and the scholastic-cultural situation. The Province of Latina was studied by way of model; the questionnaire system was used.
CONTENTS
The school as a social problem - School and society in the Province of Latina - Technical and professional teaching-school in the Province of Latina - The new middle-higher teaching - Motives in regard to university.
79. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
III - Lamberto Borghi, School and Environment
with contributions by Renato Coèn, Giuseppe Gori, Ferdinando Isabella, Harry Levin, Franco Lumachi, Agostino Palazzo, Novella Sansoni Tutino, Adriana Sbuelz, Gino Tesi, Giorgio Villa - 191 pages
PRESENTATION
The studies carried out by various experts on the school-environment relationship were undertaken in the course of university seminars. Due emphasis was given to the school-family relationship and also to the subject of school construction.
CONTENTS
A study on prejudice (L. Borghi-F. Lumachi-G. Tesi) - Social and cultural features of the Community of Grassina (A. Palazzo-A. Sbuèlz) - The school in territorial organization (F. Isabella-N. Sansoni Tutino) - Building for the new secondary-school (R. Coèn-G. Gori-G. Villa) - Social-economic condition and contents of children’s memories (H. Levin).
80. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
IV - Carmela Metelli Di Lallo, Psycho-pedagogic Problems
with the collaboration of Sergio Baratto and Pietro Boscolo and contributions from Guido Petter and Carlo Remondino - 206 pages
PRESENTATION
In-depth research into psycho-pedagogic problems, connected with the transformation of Italian society and the school, was carried out, along with contributions from experts, in the Institute of Pedagogy and Psychology at Padua University and also in the Province of Padua. Special attention was given to the study of young children’s speech.
CONTENTS
The field of psycho-pedagogy (C. Metelli Di Lallo) - Perceptive rigidity and infant speech (G. Petter) - Premiss for certain studies into pre-adolescent speech (C. Metelli Di Lallo) - Features of definition in pre-adolescent speech (C. Metelli Di Lallo) - The transposition from the imperative to the conditional (C. Metelli Di Lallo) - Study on the formation of ethnic-regional «stereotypes» in pre-adolescence (C. Metelli Di Lallo-S. Baratto) - Psychometric study of the system of expression of scholastic assessment (C.V. Remondino).
81. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
V - Aldo Visalberghi, Education and Social Conditioning
with the collaboration of Egle Becchi; Luigi Borrelli, Maria Corda Costa, Pier Paolo Luzzatto Fegiz - 144 pages
PRESENTATION
The studies gather together the results of four enquiries undertaken by experts, concerning the motivations for giving up studies, scholastic choices and choice of a specific discipline, as well as the scholastic-cultural conditioning effects of the environment. The research used as a model a small centre in the Province of Frosinone and an urban zone in Rome. Attention was also given to the university environment.
CONTENTS
The social-economic conditioning of access to studies and of scholastic efficiency (A. Visalberghi): Social-economic level and intellectual attitudes - Researches in other countries - Earlier Italian studies - The research by P. Luzzatto Fegiz into premature discontinuance of studies - Attitudes, socialeconomic environment and scholastic choices in some districts of Rome and in a small rural centre of Lazio - The problem of motivations - Implications and conclusions - Studies on the social-economic factors which condition the pursuit and direction of studies in certain districts of Rome (M. Corda Costa): Nature and methodology of the enquiry - Access to the compulsory final phases of school - Choice of school after elementary school - Choice of school after the third compulsory phase of school - Choice of higher secondary school: classical «lycées» and industrial technical institutions - Choice of university faculty - The scholastic and cultural situation and attitudes towards education in an agricultural centre of Ciociaria (L. Borrelli): Premiss and methodology - Description of technical instrumentation - Physical-anthropological description of Morolo - The school - Dynamics of family conditions and scholastic motivation of a group of secondary school and technical school pupils in Milan (E. Becchi).
82. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
VI - Roberto Mazzetti, Assistance and Education - 237 pages
PRESENTATION
This study concentrates on themes concerning the transformation of Italian society in relation to assistance in the various grades of school. Each motivation is examined from the religious and secular point of view, progressing from the principle of compulsory studies to that of the right to study.
CONTENTS
Historical and sociological premises - Assistance, infancy and kindergarten - Assistance, childhood and primary school - Assistance, pre-adolescence and sole secondary school - Assistance, adolescence and second-grade secondary school - Assistance, young persons and university - Para-scholastic assistance and assistance to adults - Conclusions and proposals.
83. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
VII - Aldo Agazzi, The Training of Teachers
with the collaboration of Roberto Zavalloni, Guido Baglioni, Anna Riva, Guido Giugni, Sergio De Giacinto, Luigi Peresson - 182 pages
PRESENTATION
This study and the others collected in this Volume have highlighted the problems connected with the training of teachers, through the study of the means of recruitment, appointment, up-dating and specialization. The opportunity is taken to indicate timely reforms of existing structures, on the basis of the results of the research.
CONTENTS
Vital nature of the problem of the teacher - Society in transformation and the problem of teachers - Parents as educators - The kindergarten mistress and the primary school master - Teachers in secondary school - Teachers in special schools and streamed classes, teachers of adults, vocational guidance teachers - Directive function and inspectoral function - Directive and inspectoral function in the secondary school - Didactic direction and the Schools Inspectorate - From the Gonella Enquiry to the Study Commission on the condition and development of state education in Italy - The training of infant-school mistresses - The training of elementary school masters - The pedagogic preparation of the secondary school teacher - The problem of apprenticeship - Recruitment and appointment of teachers - Specialization and up-dating of teachers and administrators - Special aspects of the themes relating to studies - Data and preparation of the educationalist relative to educational effectiveness - Teachers and the social system - Secondary school teachers and the decision on vocational and scholastic guidance in the final phase of compulsory schooling - The recruitment, training and up-dating of physical education teachers - Teacher-training in USA - Training, recruitment and up-dating of teachers in Eastern European countries other than USSR.
84. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
VIII - Cecilia Motzo Dentice d’Accadia, Scholastic Legislation and Autonomies
with the collaboration of Giovanni Maria Bertin, Aldo Agazzi, Aldo Visalberghi, Giuseppe Potenza, Luigi Conte, Lamberto Borghi, Fausto M. Bongioanni - 110 pages
PRESENTATION
The studies of the various experts and collaborators collected in this Volume examined the diversities among various autonomous scholastic organizations at the primary, secondary and university levels. Through examining structural problems, the study indicates the need for timely reforms, including an enhancement of scientific research.
CONTENTS
University autonomies and current legislation - Extension and limits of university autonomies - Administrative autonomies - The University Council of Administration - Didactic autonomy. The Faculty Council. Chairs and Institutes. The Department - Competitions and examinations - The Governing Board: various reform projects. The «National University Council» - Scholastic autonomy and secondary education. Nature of the programmes and examinations from the Croce Law to the present-day - The juridical-administrative «status» of the secondary school. The President and College of Professors - The autonomy of professional and technical Institutes - Autonomy, programming and didactic experimentation in the opinion of jurists and in the proposals of the Commission of Enquiry. The National Institute of Pedagogic Research - Didactic freedom, freedom of thought, freedom of teaching - The autonomy of the primary school. Centralism and autonomy - The need to modernize teacher-training. Reform of teachers’training colleges. Transformation of the teaching faculty in pedagogic institutes. The Commission of teachers’ competitive examinations - The Director of Education and the Provincial Teaching Council - Inspectors and headmasters. «The Council of Teaching Management» - The Central Inspectorate. Contemporary criteria for appointment. Centralization or regional decentralization?
85. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
IX - Salvatore Valitutti, Public and private Education
with contributions from Arnaldo Ciani, Pasquale D’Abbiero, Giuliana Limiti, Dante Pelosi, Giacomo Santucci and Rodolfo Sommaruga - 346 pages
PRESENTATION
Together with contributions from experts, the research brings to light the profound disparities between public and private education. The study begins with a historical analysis of the situation, demonstrating the range of problems that exist. Attention is also given to similar situations existing, with comparable problems, in French and Belgian schools.
CONTENTS
Public and private education (S. Valitutti): Significance of state schools - Historical development of public education - Public and private education in Italy before the Casati Law - Public and private education under the Casati Law - Private schools under the Gentile Law system - From the Gentile system to unified schools - Private education under the Constitution - The thoughts of the Catholic Church on education and schools - The secular private school - Private education in Parliamentary debates and in the Report of the National Commission of Enquiry (A. Ciani) - Earnings of teachers in schools recognized by the law (P. D’Abbiero) - Moments and motives of legislation on non-State schools in Italy (G. Limiti) - Non-State primary schools (G. Santucci): Historical notes - Current situation of non-State primary schools - Statistical data and annotations (A. Ciani-S. Valitutti) - Private education in France (R. Sommaruga) - Historical development of private education - Legislation on primary private education, on free secondary education, on free higher education and on private technical education - Private church schools - Management of private schools - State subsidies to private schools - Private education in Belgium (R. Sommaruga) - General organization of studies - Pre-scholastic education - Primary school - Secondary school - Higher education - Catholic thought on the problem of relations between Church and State in relation to teaching and education from the «Divini lllius Magistri» to the Constitution (D. Pelosi).
86. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
X - Giovanni Calò, Family and Education today in Italy
with contributions from Tommaso Salvemini, Tullio Tentori, Franco Bonacina, Pier Giovanni Grasso and Paolo Guidicini - 180 pages
PRESENTATION
The studies collected in this Volume all deal with the family-society-education relationship within the environment of Italian society, in the crisis (i.e. in 1964) of the family institution resulting from the transformation from a predominantly agrarian to an industrial society. A particular study is made of the parent-child relationship.
CONTENTS
Introduction to the problem (G. Calò) - Statistics of a demographic nature and economic-social conditions of the family (T. Salvemini) - Notes on the Italian family and on the parent-child relationship (T. Tentori) - Relationship between school and family (F. Bonacina) - Transitional nature of family values and educative cultural modernization (P.G. Grasso) - The family in a district of Bologna (P. Guidicini).
87. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
XI - Aldo Capitini, Civic Education in the School and in social Life
with contributions from Carlo Arturo Jemolo, Guido Calogero, Giorgio Spini, Marcello Grego, Franco Epifanio Erdas, Alberto Granese, Marco Marchioni, Lanfranco Mencaroni, Goffredo Fofi, Francesco Moro, Mario Melino, Giacomo Santucci, Aldo Fabi, Cesare Poletti - 160 pages
PRESENTATION
The research contained in this Volume, undertaken with the collaboration of many experts, shows that, compared with other countries, Italy has done little to promote civic education. The causes of this are examined (lack of organized public structures and ineffective regulations in the field) and remedies are proposed (democratic control in the administrations, parties and unions).
CONTENTS
I. Introduction - II. Civic education in some foreign countries - III. Civic education in Italian society: From the under-developed areas to the life of migrants in an industrial area - Aspects of social life showing a deficiency of civic sense - Notes on the civic reflection of religious life and military life - Young persons - Women - IV. Civic education in Italian schools: Primary school, family and community - Civic education in the primary school - Programmes and text-books - Training teachers for instructing in civic education - Civic education in State secondary schools - Indications and exercises in civic education - Connections with the teaching of history - Teachers in civic education - Law regulations - Civic education text-books - Suggestions formulated during a Conference on Civic education - V. Perspectives.
88. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
XII - Gino Martinoli, Work Training
with contributions from Luciano Battelli, Luciano Gallino and Giuseppe
Glisenti - 126 pages
PRESENTATION
This study deals with the theme of the school-work relationship, with the implications of training for the various professional categories. In particular, consideration is given to the organizations of ENI, Olivetti and the IRI Group.
CONTENTS
Premises and general survey of the subject (G. Martinoli): Correlation between professional classes and level of scholastic preparation - Limits to training in school - School and work - Role of work as a factor in training - Starting work - Up-dating in the profession - Training functions within companies - The training of middle-management in Olivetti (L. Gallino): The evolution of the manager’s role - Programmes for the future - Activities of the Management and Technical Institute of ENI in five years of work (L. Battelli) - Training of management cadres in the IRI Group (G. Glisenti): The content of the management function - Training the manager in relation to scholastic preparation - Training for management in IRI - The IRI Centre for the study of business management functions - The course for studying business management functions.
89. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
XIII - Riccardo Bauer, Adult Education
with the collaboration of Laura Conti, Leone Diena, Mario Melino, Davide Mezzacapa, Tullio Savi and Gastone Tassinari - 132 pages
PRESENTATION
The research and studies collected in this Volume were undertaken with
the collaboration of experts, involving an examination of the educative process. The conclusion is reached that the process is deeply influenced by the cultural formation occurring during the years of infancy, where the conditioning provided by the environment has a permanent influence on the individual. Such a premiss underlies the results of an enquiry employing interviews with subjects at various levels.
CONTENTS
Adult education and «popular culture» - Modern society and the needs of adult education - Special aspects of contemporary life and the problems of adult education - Changes in techniques of production - New features of productive activity - Increase of leisure time - Features of modern entertainments - Migrations, urbanization - Attitudes towards democratic life - Democracy in associative life - The problems of the formation of management cadres.
90. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
XIV - Raffaele Laporta, The Leisure Time of young People and its educational Organization
with the collaboration of Marco W. Battacchi and Giovanni Evangelisti - 206
pages
PRESENTATION
The studies assembled here examine the link between school and leisure time. The enquiry reveals that these have developed in two directions: a) leisure time relative to experiences in the growing years within the family circle and/or home area, places of work; b) leisure time relative to the sex age and surroundings of the individual
CONTENTS
Leisure time and its characteristics: The pessimistic concept of work and leisure time - The basic unity of human time - Leisure time in the growing years as an autonomous problem: Educative complexity of young peoples’ leisure time - Globality of the consideration of young peoples’ leisure time and classification therein of the present research - Young peoples’ leisure time in Italian society in transformation: Economic development - Social transformations - Cultural changes - Organization of young peoples’ leisure time in Italy - Educational avant-garde in young peoples’ leisure time: The family. Reduction of its formative potential - The school. Extension of educative functions to leisure time. Post-school integrated into the scholastic curriculum - Another interpretation of post-school: a means of community stimulation - Integrating initiatives and sectional initiatives in young peoples’ leisure time - From integration to sectional initiatives. The playing field - Sectional activities in the theoretical condition. Sport - The mass-media. The IREIC and cinema for the young - Young persons’ literature - Autonomous young persons’ initiatives - Empirical study into leisure time of secondary school students in communities at different levels of development (Outline description).
91. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
XV - Fausto M. Bongioanni, Abandoned Childhood
with contributions from Jole Baldaro Verde, Vittoria Domenica Bori, Giancarlo Castelli Gattinara, Maria Teresa Figari and Paolo Rolleri - 164 pages
PRESENTATION
The study is prompted by an in-depth analysis of living conditions of children in care in Italy, with special attention to the situation in the Province of Genoa. An examination is made of the problem of institutionalization of abandoned children, from the medical-pedagogic aspect and from the consequential penal and social aspects.
CONTENTS
The dimensions of the problem (F.M. Bongioanni) - Children in foundling hospitals in Italy and in the Province of Genoa (M.T. Figari) - On the medical-pedagogic problem of the institutionalization of abandoned children (V.D. Bori): The personalization of the child - The emotional element in social adjustment - Psycho-somatic health and pedagogic vocation - The «mother figure» - Adoption, affiliation and abandonment in Italian legislation. Proposals (P. Rolleri): Affiliation and its historical development - Adoption - Need for modernization. Creation of a new institution - Acknowledgement - Prescriptibility - Concept of the crime of abandonment. Its penal and social aspects - Frustration and the need for affection, scholastic mal-adjustment in a group of secondary-school pupils (J. Baldaro Verde) - Analysis of the causes of young mal-adjustment and measures to tackle it (G. Castelli Gattinara).
92. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
XVI - Piero Bertolini, Delinquency and juvenile Maladjustment. Re-educative Experiences
with the collaboration of Giorgio Arcoleo, Giuliana Canzani, Graziano Cavallini, Davide Lopez and Luisa Visconti - 158 pages
PRESENTATION
The work in this Volume of studies sets out the effects and influence of war, immigration and the developing environment over various forms of juvenile deviant behaviour. A special study is made of the responsibility of the school in the phenomenology of mal-adjustment, revealing the uncertainty of the concept of lack of legal capacity to form the intent to steal.
CONTENTS
Quantitative data on delinquency and juvenile maladjustment in present-day Italian society: The influences of war - The geographical distribution of the phenomenon - Delinquency and juvenile maladjustment among girls - Quality of crimes committed by minors - Data on irregularities of character - Maladjustment and «latent» juvenile delinquency - Delinquency and juvenile maladjustment and the phenomenon of internal immigration - Group juvenile delinquency and the problem of gangs - Male prostitution in Milan and its surroundings - The responsibility of Italian schools in the motivational context of juvenile maladjustment - Multi-facet statistical analysis as the most appropriate methodology for wide-scale research into maladiustment - Difficulties and anomalies in the jurisdiction of various courts dealing with children and those under 18 years of age - Uncertainties in the interpretation of the concept of the «capacity» to form the intent to steal in relation to those under 18 years of age - Contradictions between the penal and administrative jurisdictions to which a minor guilty of irregular conduct may be subject - The main pedagogic criteria followed in the best organized institutions. Re-educative experiences - Notes on the important question of personnel trained in the re-education of young persons.
93. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione»
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
XVII - Giovanni Bollea, The maladjusted and young Persons
with contributions from Marcella Balconi, Maria Elvira Berrini, Angela Groppelli, Pietro Benedetti, Gastone Mazzei, Marinella Rosano, Adriano Sollini and Regina Persichetti - 140 pages
PRESENTATION
The collected studies on the maladjusted in the milieu of the school begin with an analysis of the normally-gifted pupil in terms of family and social background relative to the various stages of schooling: solutions for the problems are proposed, employing a comparative analysis of the arrangements implemented abroad.
CONTENTS
The analysis of maladjustment in the normally-gifted pupil during primary schooling (M. Balconi-M.E. Berrini): Clinical-statistical analysis - The various settings of maladjustment among normally-gifted pupils - On scholastic mal-adjustment at the secondary school level (A. Groppelli): Assessment trends among teachers - Influence of mental efficiency and consideration of it by the teacher - Influence of the social-cultural background of the family - Interventions to remedy scholastic maladjustment - Some problems of scholastic-social integration of the mentally sub-normal (P. Benedetti-G. Mazzei): Scholastic-social integration of children suffering from infantile cerebral paralysis (M. Rosano-A. Sollini-R. Persichetti).
94. STUDIES ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Ricerche su «La scuola e la società italiana in trasformazione”
Promoted by the Council of University Professors of Pedagogy and organized by CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1964
XVIII - Giuseppe Flores d’Arcais, Pedagogic Research
with the collaboration of Anna Maria Bernardinis, Francesco De Vivo, Anna Genco and Attilio Zadro.
PRESENTATION
This last Volume of the studies tackles the whole range of problems concerning the pedagogic, philosophical, sociological and didactic aspects. Proposals are also put forward as a basis for debate and co-ordination of further studies.
CONTENTS
Reports: Pedagogic and philosophical research - The sociological and psychological aspect - Methodology and didactics in Institutes of pedagogic research and educational activities - The problem of professional instruction - From programming to the individual - The pedagogic debate.
Proposals: Pedagogy and sociology (G. Flores d’Arcais) - For a research into the language of pedagogy and education in the framework of a modern classification of languages (A. Zadro) - For a pedagogic research into young persons’ reading-matter (A.M. Bernardinis) - For a pedagogic research into the framework of school history (F. De Vivo) - For a pedagogic research into the use of audio-visual aids to teaching (A. Genco).
95. PROCEEDINGS OF THE CONGRESS ON «THE SCHOOL AND THE ITALIAN CHANGING SOCIETY»
Atti del Convegno di studio su «La scuola e la società italiana in trasformazione»
Milan, 24th-29th May 1964
Promoted by the Council of University Professors of Pedagogy, organized by
CNPDS under the auspices of the Cassa di Risparmio delle Provincie
Lombarde
Ed. Laterza - Collana Biblioteca di Cultura Moderna - Bari - 1965 - 468 pages
PRESENTATION
This Volume contains and completes, along with the Proceedings of the Congress on «The school and the Italian changing society», the theme to which eighteen other publications had been dedicated (see entries Nos. 77-94) in which every aspect of the subject received detailed examination. One of the conclusions of the Congress was that there is a need to strengthen pedagogic research in Italy, a contribution towards which would be the establishment of a national body to organize the programme and the research.
CONTENTS
Educational policy and economic development (G. Dell’Amore) - The school and Italian society (G.M. Bertin) - Pedagogic research (G. Flores d’Arcais) - Institutes and Faculties of pedagogy. The National Institute of Pedagogic Research (G. Corallo) - The school and administration (G. Gozzer) - Assessment of the work of the Congress (G.M. Bertin) - Sociological contributions to the Congress (A. Ardigò) - Thoughts on the present problem of the school (G. Calogero) - Programming scientific research and pedagogic research (A. Visalberghi) - Results of the Congress and suggestions for an educational policy (F. Battaglia).
96. JUDICIAL SEPARATION OF SPOUSES
La separazione personale dei coniugi
Proceedings of the Study Conference held at Como, Italy, 18th-20th September 1963
Collection of Study Conferences «Current Problems of Civil Law and Procedure», No. 1
Ed. Giuffrè - Milan -1965 - 217 pages
PRESENTATION
This Volume is the first of the Collection devoted to current problems of civil law and procedure, through the collection of Proceedings of Conferences on the theme. Here, a study is made of the various implications deriving from judicial separation, as reflected in substantive and procedural law, together with Criminal Law implications.
CONTENTS
Reports and communications: Judicial separation of spouses. Problems of
substantive law (C. Grassetti) - The procedure of judicial separation (C.
Mandrioli-T. Carnacini) - Consequences of judicial separation in the field
of Criminal Law (G.D. Pisapia) - Judicial separation of spouses (T. Novelli) - Ordinary or special procedure in the change of title of judicial separation of spouses? (E. Mazzacane).
97. INDICATIVE CRITERIA FOR A REFORM OF CRIMINAL PROCEDURE
Criteri direttivi per una riforma del processo penale
Proceedings of the Study Conference held at Lecce, Italy, 1st-3rd May 1964 and at Bellagio, 3rd-4th October 1964
No. 4, Collection of Study Conferences «Enrico de Nicola - Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1965 - 432 pages
PRESENTATION
The Centro has devoted much attention to the study of reforms of Criminal Procedure, tackling its structures from a wide range of approaches. This Conference has furthered research into the exercise of criminal proceedings. A possible structure was examined which would accelerate proceedings, especially in the stage prior to the judicial investigation. The debate helped to clarify, on the scientific plane, problems of approach towards a reform of the Code of Criminal Procedure. Both the inquisitory and the accusatory systems were studied, since, allowing for inevitable areas of overlap and different weights of tradition, these two between them operate throughout the world in the field of Criminal Procedure. Translating the theme into Italian society, a series of problems comes to light, central to which is the question whether, if the investigatory stage were unified, the investigating judge or the Public Prosecutor, endowed with the power of scrutinizing the evidence, should be maintained, or whether, instead, matters should be placed in the hands of a prosecuting office as part of the adiministration possessing purely accusatory powers.
CONTENTS
Notes of Comparative Law on the accusatory process and the inquisitorial process (N. Fini) - Outlines of an accusatory process (F. Cordero) - The investigatory stage in penal proceedings (P. Nuvolone) - Approaches to a reform of preventive detention in criminal proceedings (G.D. Pisapia) - General considerations on the reform of Criminal Procedure (G. Altavista-G. Tartaglione) - Current trends in Criminal Procedure in Belgium (1963) (H. Bekaert) - Guarantees of Criminal Procedure (G. Leone) - Criminal Procedure: Investigation and first stage. Brief statistic considerations (G. Minervini).
98. INTOXICATION FOR PLEASURE IN ITALIAN SOCIETY
Le intossicazioni voluttuarie nella società italiana
Report of the Committee (*) of CNPDS to the Study Conference on «Intoxication for pleasure in Italian society»
Promoted by the Provincial Administration of Milan and by CNPDS
Ed. Giuffrè - Milan - 1965 - 450 pages
PRESENTATION
This Volume assembles a series of studies and researches, including some of a descriptive nature, representing the Report of the Centro within the business of the Study Conference on «Intoxication for pleasure in Italian society». The various implications are examined from the sociological, juridical and biological aspects, supported by toxicological and criminological approaches. The problem of tobacco addiction was also tackled.
CONTENTS
Sociological aspects of intoxication for pleasure (Centro Ricerche Industriali e Sociali) - The means and cost of the fight against intoxication for pleasure.
Economic and financial aspects (F. Gualtierotti) - Criminological aspects of intoxication for pleasure (G. De Vincentiis-F. Ferracuti) - Intoxication by drugs: Definitive pharmacological criteria and medical-social aspects of drugs (E. Adami-G. Marrubini) - Clinical-statistical contribution to the study of drug-addiction (G.B. Belloni-V. Porta) - Therapy for drug-addicts (A. Madeddu) - Statistical contribution to the subject of drug-addictions (A. Madeddu-R. Bozzi) - Accusation of drug-addicts in the field of Criminal Law and of criminological medicine (G. Canepa) - Drugs and Civil and Criminal Law (F. Di Migliardo) - Administrative control in Italy of the production, sale and use of drugs (C. Ribolzi) - Alcoholism: The pharmacological aspects of alcoholism (L. Baldini) - Alcoholism and the growing years (A. Dalla Volta - M. Zucchi) - Aspects of present-day alcoholism (A. Madeddu-A. Della Beffa) - Problems of alcoholism in small doses (G. Trentini-R. Carli) - Ethyl-alcohol and physio-pathology of the senile organism (U. Cavalieri-A.E. Tammaro) - The alcoholopathic service of prevention and treatment of the Provincial Administration of Milan (G. Mastrangelo) - Administrative control of alcoholism in Italy (C. Ribolzi) - Alcoholism and criminal responsibility (M. Dondina) - Medical-legal observations on the problem of alcoholism (V. Porta) - Penal rules and decided cases on drunkenness and alcoholism (G. Petrella) - Outlines for legislative reforms on alcoholic intoxication (A. Malinverni) - Addiction to tobacco: Pharmacology, toxicology and general pathology of tobacco-smoking (P. Mascherpa) - On the chemical composition of tobacco-smoke (A. Candeli) - The effects of tobacco-smoking on health from the epidemiological-statistical aspect (G. Agnese) - Chemical-epidemiological aspects of intoxication by tobacco (P. Bastai) - Tobacco-growing in the social-economic dynamics of Italian agriculture (P. Abbozzo) - Prevention and repression of tobacco-smoking in the current legal system (E. Salafia) - Juridical-constitutional aspects of the treatment of intoxication for pleasure and of the control of production and sale of alcoholic liquor and drugs (G. Potenza-R. Laschena) - Intoxication for pleasure in the light of Criminal Law (P. Nuvolone) - Legislative provisions on intoxication for pleasure.
(*) The composition of the Committee was: Chairman: prof. C.M. Cattabeni.
Secretary: dott. A. Salvini.
Sub-Committee on drugs: Chairman: prof. C.M. Cattabeni.
Secretary: dott. A. Salvini.
Members: prof. E. Adami, prof. L. Ammatuna, sen. A. Banfi, avv. L. Basso, prof. G.B. Belloni, avv. A. Boneschi, prof. R. Bozzi, prof. G. Canepa, prof. L. Conti, dott. F. Donato di Migliardo, prof. E. Gerelli, prof. M. Giuliano, prof. A. Madeddu, prof. G. Marrubini, prof. V. Palumbo, prof. V. Porta, avv. G. Tarzia.
Sub-Committee on alcoholism: Chairman: prof. A. Dalla Volta.
Secretary: dott. G. Petrella.
Members: prof. L. Ancona, prof. L. Baldini, prof. P. Benassi, prof. P. Bontadini, prof. R. Canestrari, prof. U Cavalieri, prof.ssa L. Cazzaniga, prof. A. Della Beffa, dott. D. De Martis, prof. M. Dondina, prof. A. Madeddu, prof. A. Malinverni, prof. G. Mastrangelo, prof. A. Pagani, on. G. Petrini Cattaneo, prof. V. Porta, prof. C.A. Ragazzi, prof. C. Ribolzi, prof. G. Trentini, prof. E. Trabucchi.
Sub-Committee on addiction to smoking: Chairman: prof. A. Seppilli. Secretary: dott.ssa D. Gualtierotti Rondoni.
Members: prof. P. Abbozzo, prof. G. Agnese, prof. P. Bastai, prof. L. Califano, prof. A. Candeli, prof. F. Gualtierotti, prof. L. Lazzarini, prof. P. Mascherpa, dott.ssa M.A. Modolo, prof. P. Nuvolone, cons. V. Salafia, prof. A. Scotto, prof. T. Seppilli.
99. EXTENSION OF THE JURISDICTION OF THE JUVENILE COURT
Estensione della competenza del Tribunale per i minorenni
Report of the Permanent Committee (*) for the reform of legislation in the
juvenile field - 1965 - 12 pages
PRESENTATION
The relevant Committee of the Centro, which had been asked to carry out a study of this subject, supports and develops the principle of comprehensive jurisdiction for the Juvenile Court, whether in civil or criminal matters, whenever a minor is involved in court proceedings.
CONTENTS
Report of the Chairman - Legislative proposals: extension of the civil jurisdiction of the Juvenile Court - Final Report (C. Grassetti-A. Dell’Oro).
(*) The composition of the Committee was: Chairman: on. G.B. Migliori.
Secretary: prof. A. Dell’Oro.
Sub-Committee to study the question of criminal responsibility of minors: Chairman: cons. A. Flora.
Organizing Secretaries: dott. G. Bonelli, avv. M. Gentili.
Members: prof. M. Bernardi, prof. G.M. Bertin, prof. R. Canestrari, prof. A. Dall’Ora, prof. G. Lacroix, dott. M. Lombardo, prof. G. Marrubini, avv. V. Mazzola, dott.ssa G. Petrini Cattaneo, prof. G.D Pisapia, pres. C.C. Secchi, dott. T. Senise, prof. O. Vergani, avv. C. Vizzardelli.
Sub-Committee to study the question of extending the civil jurisdiction of the Juvenile Court: Chairman: on. G.B. Migliori.
Members: prof. A. Dell’Oro, cons. A. Flora, prof. C. Grassetti, avv. C. Majno, prof. A. Miotto, dott.ssa E. Scarzella Mazzocchi, prof. G. Scherillo, prof. C. Trabattoni.
100. ITALIAN CRIMINOLOGICAL BIBLIOGRAPHY (1955-1964)
Bibliografia criminologica italiana (1955-1964)
By F. Ferracuti, S. P. Fragola, F. Gioggi
With a Preface by Giuliano Vassalli, printed in Italian, French and English
Series of Criminological Studies, No. 1
Presented at the Vth International Congress of Criminology, Montreal, Canada, 29th August-3rd September 1965
Ed. Giuffrè - Milan -1965 - 137 pages
PRESENTATION
This Volume begins the collection of criminological studies, cataloguing some 900 criminological works published between 1955 and 1964, but excluding those of a penalistic or juridical character.
CONTENTS
Preface (G. Vassalli) - Italian criminological bibliography (F. Ferracuti, S.P. Fragola, F. Gioggi).
101. THE JUVENILE COURT MAGISTRATE, HIS TRAINING AND HIS COLLABORATORS
Il magistrato minorile, la sua formazione e i suoi collaboratori
Official and national Reports, Proceedings of the VIth International Congress of Juvenile Court Magistrates, Naples, 26th-29th September 1962
Promoted by the International Association of Youth Magistrates and organized by CNPDS
in «Rassegna di studi penitenziari» («Review of Penitentiary Studies»), a bimonthly publication of the Ministry of Justice - Rome
Special issue - September 1962 - 370 pages
PRESENTATION
This special issue of the «Rassegna di studi penitenziari», edited by the Centro was dedicated to the VIth International Congress of Juvenile Court Magistrates. It contains the official Reports as well as those presented by experts from various countries. The object of the study was the training of juvenile court magistrates and their collaborators (social services workers teachers, doctors). In another publication (see entry No. 102) the Reports are set out as well as various contributions to the Congress and its final Resolution.
CONTENTS
Introduction (on. prof. G. Bosco) - The magistrate and the social services worker (F. Padoin) - The social services worker and the magistrate (M. Lecavalier) - The social services worker and the magistrate (F. Dawtry) - The magistrate and the teacher (F. Honigschmid) - The teacher and the magistrate (G. Schaber) - The magistrate and the teacher (H. Zabrodzka) - The doctor and the magistrate (E. Radaody-Ralarosy) - The doctor and the magistrate (M. Bertoni) - The magis-trate and the doctor (K.E. Granath) - The doctor and the magistrate (W. Dienstein) - National Reports: Federal Republic of Germany: Judge and doctor (F. Bertram) - The juvenile court magistrate and his collaborators (O. Scheunemann) - Judge and social workers (W. Vins) - Australia: The youth magistrate (A.C. Thomas) - Austria: Report for the A.I.J.E. Congress (F.Honigschmid) - Belgium: Magistrate and teacher (R. Dubuisson) - The magistrate and the social services worker (F. Lox) - The magistrate and the doctor in the protection of children (L. Slachmuylder) - Brazil: Assistance in Brazil to maladjusted children and adolescents and to those adjusted with difficulty (T. Wurth) - Denmark: A few notes on the subject of the Congress (E. Petersen-Munch) - USA: The magistrate and the doctor (P.L. Connolly) - France: The magistrate and the doctor (P. D’Aubert) - Greece: The juvenile court magistrate, his training and his colleagues in Greece (C. Vouyoucas) - Italy: The juvenile court magistrate. His training and his colleagues (M. Lombardo) - The role of the juvenile court magistrate and the judicial importance of modern methods of diagnosis and treatment (U. Radaelli) - Morocco: Report (R. Flouriot) - United Kingdom: The magistrate and the social worker in England and Wales (W.E. Cavenagh) - A note on the magistrate and the doctor in England and Wales (M.B. Mackay) - The magistrate and the teacher in England and Wales (M. Stewart).
102. THE JUVENILE COURT MAGISTRATE, HIS TRAINING AND HIS COLLABORATORS
Il magistrato minorile, la sua formazione e i suoi collaboratori
Official and National Reports; Proceedings of the VIth International Congress of Juvenile Court Magistrates, Naples, Italy, 26th-29th September 1962
Promoted by the International Association of Youth Magistrates and organized by CNPDS
in «Rassegna di studi penitenziari» («Review of Penitentiary Studies»), a
bimonthly publication of the Ministry of Justice - Rome
Supplement July-October - 1965 -192 pages
PRESENTATION
This publication, produced as a supplement to the July-September 1963 issue of the «Rassegna di studi penitenziari», was edited by the Centro and contains the General Report presented to the Congress, the summary of the debate following the Reports, the Summary Report and the Resolution adopted by the Congress participants; it should be read along with the Volume (see entry No. 101) which contains the Proceedings of the Congress.
Particular attention was given the theme of the independence of the juvenile court magistrate, his specific professional training and his need to be assisted by specialists versed in specific subjects.
CONTENTS
General Reports: The magistrate and the welfare worker (D. Reifen) - The magis-trate and the educator (K. Vodopivec´) - Collaboration between the juvenile court magistrate and the doctor and other specialists (M. Veillard-Cybulski) - Discussions: Discussions on the first subject: «Relations between the magistrate and the social worker» - Discussion on the second subject: «Relations between the magistrate and the teacher» - Discussion on the third theme: «Collaboration between the juvenile court magistrate, the doctor and other specialists» - Summary Report (J. Chazal) - Resolutions adopted by the Congress in full session.
103. JURIDICAL PROTECTION OF CHILDREN BORN OUT OF WEDLOCK
La tutela giuridica dei figli nati fuori del matrimonio
Proceedings of the Study Conference held at Milan, Italy, 28th-30th September 1964 - Collection of Study Conferences Current Problems of Civil Law and Procedure, No. 2
Ed. Giuffrè - Milan -1966 - 312 pages
PRESENTATION
The problems concerning juridical protection of children born out of wedlock have been tackled and elaborated in their various implications. This study has taken account of the Private Law and Public Law aspects as well as those concerning Constitutional Law. A special study is made of the institutions of adoption, affiliation and assistance to young persons in general.
CONTENTS
Principles of ethics and of general Public Law (S. Lener) - Principles of Constitutional Law (L. Bianchi d’Espinosa) - The juridical condition of natural children (M. Stella Richter) - Adoption and affiliation (C. Grassetti) - Juvenile jurisdiction relative to those born out of wedlock (A. Flora-A. Dell’Oro) - Assistance to natural children (Assessor Assistant of the Provincial Administration of Milan) - Revisionistic ferment regarding natural children (T. Novelli) - Brief description of legal provisions in other systems (F. Rosi Cappellani) - Public welfare assistance to illegitimate children. Current legislation and reform proposals (E. Stocchi) - Premiss (C. Grassetti) - Principles of Constitutional Law - Principles of ethics and of Public Law. The juridical condition of natural children: Summary Report on the subject (A. Buggè) - Adoption and affiliation - Public welfare assistance to abandoned children - Juvenile jurisdiction: Summary Report on the subject (G. Fuà).
104. WITHDRAWAL OF THE RIGHT TO PRACTICE WITH REFERENCE TO THE PROFESSIONS AND CERTAIN OTHER ACTIVITIES
Les interdictions professionnelles et les interdictions d’exercer certaines activités
National and Individual Reports presented to the VIIth International Congress on Social Defence, Lecce, Italy, 14th-19th September 1966
Edition in French
Milan - 1966
PRESENTATION
The Volume contains, in addition to the Report presented by the Centro, the Individual Reports submitted on the subject by experts from other countries. The study is prompted by a particular strategy of social defence on the prohibition against exercising certain activities - not as an instrument of a punitive nature, but as a means intended, with prevention in mind, to persuade the subject not to relapse into the commission of offences.
CONTENTS
Instructions and commentary for the elaboration of the Reports of the International Society of Social Defence (J. Graven) - Belgium-Luxembourg: - Work of the Seminar of the Belgian and Luxembourg Union of Criminal Law - Introductory Reports (J. Raveschot and others) - Conclusions (M. Franchimont) - Spain: - Report (A. Beristain Ipina S.J.) - Finland: - Report (P. Koskinen) - France: - National Report of the Centre for Social Defence Studies of the Institute of Comparative Law at Paris University - Greece: Report (D. Karanikas) - Italy: - National Report of CNPDS - Reports (P. Nuvolone, D. Macaggi, G. Canepa and F. Gramatica) - Poland: - Reports (L. Lernell-S. Plawski) - United Arab Republic: - Reports (M. El Sadek Mahdi and others) - Federal Republic of Germany: - Report (R. Sieverts) - Sweden: - Report (I. Strahl) - Switzerland: - Report (R. Paillard) - Czechoslovakia: - Report (V. Solnar and O. Novotny) - Venezuela: - Report (J. Mendoza Troconis).
105. THE NEW SOCIAL DEFENCE
La nuova difesa sociale
By Marc Ancel with an Introduction by Pietro Nuvolone
Ed. Giuffrè - Milan - 1966 - 196 pages
PRESENTATION
This is a translation into Italian of the work by Marc Ancel, in which he develops themes based on the concept of protecting society against criminality and on the traditional concept of sanctions to deal with criminal behaviour.
CONTENTS
The concept of social defence - The origins of the social defence movement - The stages of social defence - The influence of the criminal policy of social defence on present-day systems - Negative aspect and criticism of the doctrines of social defence - The new social defence in its positive and constructive aspect - Reply to certain objections.
106. CRIMINAL LAW REGULATION OF PUBLIC UNDERTAKINGS
La disciplina penale dell’impresa pubblica
Proceedings of the Study Conference held at Como-Villa Olmo, Italy, 29th April-1st May 1966
No. 5, Collection of Study Conferences «Enrico de Nicola - Current Problems of Criminal Law and Procedure - Reports»
Ed. Giuffrè- Milan - 1966
PRESENTATION
This Volume contains only the draft presentation of the Reports presented at the Vth «de Nicola» Conference. The publication of the Proceedings of the Conference in their entirety, according to the usual practice of the Centro, was prevented by the unexpected and untimely death of prof. G. Delitala, who had been the Director of Studies for all the subjects concerning the control under Criminal Law of public undertakings.
CONTENTS
The public moments of the company in Administrative Law relative to control under Criminal Law (F. Benvenuti) - Criminal Law as it affects public undertakings: elements for a comparison (F. Bricola, with the collaboration of A. Bartulli) - Regulation by Criminal Law of public undertakings in the Italian system (C. Pedrazzi).
107. BIBLIOGRAPHY ON PSYCHICALLY ABNORMAL DELINQUENTS
Bibliografia sui delinquenti anormali psichici
By F. Ferracuti, M. Fontanesi, I. Melup and G. Minervini with an Introduction by N. Reale and G. Tartaglione
Series of Studies of Criminology, No. 2
Presented to the International Colloquium on «Mentally abnormal Offenders», Bellagio, Italy, 21st-25th April 1963
Rome - 1967 - 200 pages
PRESENTATION
The Volume indexes published scientific works in the languages most accessible to European and American research scholars (Italian, English, French, Spanish and Portuguese) . The selection covered some 2,500 works, published for the most part in the 1950s and up to 1962. The titles are divided into six chapters: General, Legislation, Aetiology, Phenomenology, Examination and Diagnosis, Treatment. In addition to the Introduction, illustrating problems linked with the psycho-pathological aspects of criminal conduct, the Volume contains an Index of names.
CONTENTS
Legislation - Aetiology - Phenomenology - Examination and Diagnosis - Treatment.
108. SUICIDE AND ATTEMPTED SUICIDE IN ITALY
Suicidio e tentato suicidio in Italia
Report of the Committee of CNPDS with an Introduction by Nicola Jaeger
Presented to the Conference on «Suicide and attempted Suicide in Italy»,
organized by the Provincial Administration of Milan and by CNPDS, Milan 18th-19th February 1967
Ed. Giuffrè - Milan - 1967 - XI 422 pages 115 tables 34 plates
PRESENTATION
This Volume, which begins with a statistical analysis of suicide in Italy from 1864 to 1962, contains a series of sociological studies and a medical-social enquiry into attempted suicide undertaken on the basis of data for the three years 1960-1962. The publication also contains psycho-pathological, psycho-analytical and psycho-sociological studies, researches carried out in the context of an anthropo-criminological concept of suicide and an examination of the medical-legal aspects and also the juridical aspects of suicide. The work ends with a Report on the problems and practice regarding prophylaxis of suicide and assistance to the person who has attempted suicide.
CONTENTS
Suicide in Italy, 1864-1962. Statistical analysis (S. Somogyi) - Preliminary observations for the sociological study of suicide in Italian society (F. Ferrarotti) - Proposal for a social research on suicide (L. Diena) - Sociological studies of suicide, 1952-1966 (B. Maggi) - Medical-social enquiry into attempted suicide (V. Porta-G. Calderini) - Psycho-pathology of suicide (D. De Martis) - Note on the psycho-analysis of suicide (F. Fornari) - Psychosociological reciprocals of a self-destructive type in a society in the course of rapid social change. Problems of research (F. Ferracuti) - The anthropo-criminological concept of suicide (G. Canepa) - Studies undertaken: Suicide and aggressive behaviour. Medical-criminological considerations on cases reported to the Genoa Police in the three years 1960-1962 (T. Bandini) - The homicide-suicide dynamics in preparatory acts for attempted suicide (A. Arata) - Clinical-statistical contribution to the study of the phenomenon of attempted suicide in the Province of Genoa (G. Menduni-G. Massazza) - Medical-legal aspects of suicide (A. Franchini) - Basic outlines of juridical problems relating to suicide (P. Nuvolone) - Prophylaxis of suicide and assistance to the person who has attempted suicide. Practice and problems (G.B. Migliori-V. Porta).
(*) The composition of the Committee was: Chairman: S.E. N. Jaeger.
Secretaries: avv. D. Gualtierotti Rondoni, dott. M. Perucci.
Members: prof. A. Arata, prof. T. Bandini, cons. A. Buggé, prof. G. Calderini, prof. G. Canepa, prof. A. Carbonaro, dott. P. Carpi de Resmini, prof. D. De Martis, prof. L. Diena, cons. A. Donati, cons. V. D’ Orsi, prof. F. Ferracuti, prof. F. Ferrarotti, prof. F. Fornari, prof. A. Franchini, prof. G. Garavaglia, prof. E. Gastaldi, prof. D. Macaggi, prof. B. Maggi, dott. P.M. Masciangelo, dott. G. Massazza, dott. G. Menduni, prof. S. Merli, pres. G.B. Migliori, prof. A. Miotto, dott. E. Morpurgo, prof. C. Musatti, prof. P. Nuvolone, prof. F. Pastori, avv. C. Pellegatta, avv. A. Pontrelli, prof. V Porta, prof. G. Pugliese, prof. P. Rossi, prof. S. Somogyi, prof. T. Tentori, cons. M. Venanzi, prof. G.C. Zapparoli.
109. THE IDEOLOGY OF THE ITALIAN JUDICIARY
L’ideologia della magistratura italiana
By Ezio Moriondo with an Introduction by Renato Treves
Research entrusted to the Institute of Philosophy and Sociology of Law at the State University, Milan, and carried out with the support of the Italian National Research Council
No. 1 of a CNPDS Study Series on «The administration of justice and the
Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1967 - XX 356 pages
PRESENTATION
The publication begins a new Collection of studies dealing in depth with the subject of «the administration of justice and Italian changing society». The aim of the Volume is to examine the ideological inclinations of the Italian judiciary on their organization and function in the State system and in society; it is based upon an analysis of items published in the professional magazine «La magistratura», the organ of the National Association of Magistrates, in the period from Liberation to 1960.
CONTENTS
Ideology of the judiciary and sociology of knowledge - The system of values of the Italian judiciary - The demystification of ideologies - The current situation and opposed policies - A political nature of the doctrine and political nature of the conflict - The interpretation of the thought of the judiciary - Instruments of sociological analysis. The sociology of knowledge - The sociology of the organization - The organizational, political, bureaucratic and territorial environment of the judiciary - Economic organizations - Justice and social change - The analysis of ideological changes - The Magistrates’ Associations and the Constituent Assembly - The «battle» for the Constitution - The «Magna Carta» of the judiciary - The system of values as a structuring of aims and as a deductive structure - The ultimate aims of jurisdiction: freedom and democracy - The independence of the judiciary, the postulate of sovereignty and the separation of powers - The autonomy or self-regulation of the judiciary - The unity of jurisdiction - The unity of the appeals system and the certainty of the law - The status of the magistrate in the judicial organization - The public prosecutor - The judicial police - The economic treatment and prestige of the judiciary - Technical-organizational efficiency - The value-borders of the ideology of the judiciary - Abstention from political activity - Abstention from Union activity - Economy and ideology - The 1947 judicial strike - Inter-dependence between the economic question and ideological-constitutional issues - Law and ideology - Art. 4 of the Italian Constitution and the ideology of the judiciary - Constitutional norms and ideological principles: a comparative analysis - Law and ideology - Relations between Bench and Government: Two different types of communication - Attitudes of the Executive towards judicial problems in the early post-War years - The 1948 Florence Conference - Application of values and conservation of power - Attilio Piccioni and the «uncoupling» of the judiciary - Autonomous judiciary and efficient judiciary - The methodology of Government action - The «September Revolution» of Milanese magistrates - The legacy of the Fascist judiciary. The «aberrant motivations» - Other criticisms of political class in the work of the judiciary - The approval of the Piccioni Law and its influence on the ideology of the judiciary - Economic well-being and judicial power - Adone Zoli and the conflict between Bench and Government - Traditionalism and non-conformism of an old Romagna lawyer - Political elections of 1953 - Antonio Azzara: from president of the Court of Cassation to Minister of Justice - Michele De Pietro and the parliamentary Bill of the Higher College of Judges - Aldo Moro, Minister of Justice - The establishment of the Higher College of Judges - Guido Gonella, a philosopher of law Minister of Justice - The Bill of 1958 and the Court judgement of constitutional invalidity - The constant and variable aspects of the ideology of the judiciary - Organization of jurisdiction and of administration - The control centres of the judicial organization - The organizational structures in their ideological dimension - Ideological changes of the judiciary relative to their organizational disposition - The status of the magistrate within the judicial organization and the problem of adaptation - Analytical scheme of relations between the judicial structure and the ideology of the judiciary - The wide-spread protest (1946-1956) - The system of promotion and discrimination between centrally located and outlying members of the judiciary - Criticism of the competition for titles and proposals for improvement - The attitude of the Directors of the Association - Poor judicial service and instances - The economic crisis of 1955-56 and the concentrated protest - The collapse of the Piccioni Law - The young judiciary and economic hardship - The danger of «loss of class-standing» - The mechanism of the process of ideological revision and its associated effects - Criticism of the professional organization of the judiciary - Criticism of the profession and its effects on judicial life - The recrudescence of the fight against the old methods of selection - The reconstruction of judicial ideologies - Historical experience and system of values - The application of ideology to reality - Ideological changes and associated conflicts - Ideological and organizational structures - A theory of ideological change - Verification of ideologies - Application and verification of ideology: a generalised theoretical scheme.
110. JUSTICE AS AN ORGANIZATION: THE RECRUITMENT OF MAGISTRATES
La giustizia come organizzazione: il reclutamento dei magistrati
By Giuseppe di Federico
with an Introduction by Gino Martinoli
Research entrusted to the CNPDS Study Group on the sociology of the organization and carried out with the support of the National Research Council and the Cassa di Risparmio delle Provincie Lombarde
No. 2 of a CNPDS Study Series on «The administration of justice and the Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari 1968 - XV 156 pages 26 tables
PRESENTATION
After describing the recruitment processes and identifying the features of the candidates, selected according to current procedures, the Author analyses the time taken by the procedure, identifies the inherent causes of delay and examines whether, and to what extent, the current organization of the judiciary, having highlighted the current failings of the system in operation might contrive to eliminate or reduce its negative implications.
CONTENTS
The recruitment and standard of the Judiciary in Italy - The recruitment process as a «case-study» of the time taken for administrative decisions - Determination of the requirements for new magistrates and decision to initiate a new competition for judicial appointment - Announcement of the competition and possible extension of time for submission of applications - Submission of the application to participate in the competition and enquiries incumbent upon the Attorney General - Analysis of information on the candidates for the purposes of the Ministry of Justice - Admission «with reserve» to the competition and determination of appeals against a non-admission decision - Appointment of the Adjudicating Committee - Operation of the competition - Supervision and control of the Committee’s activity by the High Council - Approval of the classification of the winners and transfer to the judicial offices for training - The characteristics of the magistrates selected under current methods of recruitment- Quantitative and qualitative aspects of participation in the competition for judicial appointment - The time taken by the recruitment process from the announcement of the competition to the beginning of the written tests - The time taken by the recruitment process from the beginning of the correction of the scripts to the end of the oral examinations - The time taken by the recruitment process from the end of the oral tests to the announcement of the successful candidates - The problems of efficiency and efficacy of the competition procedure - The problem of delay in satisfying the need for magistrates - The quantitative and qualitative problems of recruitment - Concluding notes on the ability of the administration of justice to make its own services more satisfactory.
111. PROBLEMS OF LABOUR LAW: ON THE 1966 LAW ON
INDIVIDUAL DISMISSALS
Problemi di diritto del lavoro: sulla legge 1966 relativa ai licenziamenti individuali
Proceedings of the Study Conference held at Como, Italy, 7th-9th October 1966
No. 3 of the Collection of Study Conferences, «Current Problems of Civil Law and Procedure»
Ed. Giuffrè - Milan - 1968 - XX 248 pages
PRESENTATION
This Volume indicates the developments leading to the promulgation in Italy of a «Workers’ Statute», and it discusses in particular the first legislative steps in this direction represented by the approval of the norms on justified reasons for individual dismissals (Law of 15th July 1966 No. 604). The Volume contains the first interpretative endeavours in relation to this Law, the Conference having been held only three months after its approval.
CONTENTS
The Workers’ Statute with special reference to the termination of the contract of employment (G. Jucci) - The Workers’ Statute with special reference to the termination of the contract of employment (C. Grassetti) - General notes on the regulation of employment disputes (F. Falletti) - Considerations on the procedural regulation of questions of individual dismissal (A. Buggè) - Summary Report on the debate at the Conference (E. Salafia).
112. JURIDICAL PROTECTION OF THE WORKER: THE PRINCIPLE OF CONFRONTATION OF THE PARTIES IN CIVIL, PENAL AND ADMINISTRATIVE PROCEEDINGS
La protezione giuridica del lavoratore: il principio del contraddittorio nel processo civile, penale e amministrativo
Proceedings of the IIIrd and IVth Juridical Meetings between Italian and Yugoslav jurists, promoted by the Union of Yugoslav Jurists Associations and by the Juridical Section of CNPDS, Skopije-Ohrid, Yugoslavia, 26th May-3rd June 1964 - Bari, Italy, 13th-15th May 1967. The Volume also embodies details of other Lectures held by Italian and Jugoslav jurists within the framework of exchanges between CNPDS and Yugoslav jurists
No. 1, Series of Comparative Law
Ed. Giuffrè - Milan - 1968 - XI 302 pages
PRESENTATION
This Volume contains the Reports presented to the two Meetings of Yugoslav and Italian jurists on the three aspects under which both themes were examined: civil, penal and administrative. As regards, in particular, the principle of confrontation of the parties, in the Appendix to the Report of the Italian administrativists are set out the rules of procedure for application to the Supreme Administrative Court as laid down by the Ministry of Home Affairs and approved, together with the opinion of the plenary session of the Supreme Court itself. In addition to the synopsis of the debates during the Meetings, the Volume presents details of a number of Lectures held in the framework of cultural exchanges between Italian and Yugoslav jurists promoted by the Union of Yugoslav Jurists and by CNPDS.
CONTENTS
Protection of the worker in the Italian legal system (A. Torrente) - Protection of the worker in the Yugoslav legal system (R. Kyovski) - Protection of employment under civil law in the Yugoslav system (D. Pop-Georgiev) - Protection of the individual under Criminal Law in relation to contracts of employment in the Italian legal system (M. Dondina) - Criminal Protection of the worker and his rights under Criminal Law in the Yugoslav legal system (M. Damasˇka) - Protection of workers in legal proceedings and administrative disputes in Yugoslavia (J. Studin) - Application of the principle of confrontation of parties in Yugoslav civil proceedings (S. Triva) - The principle of confrontation of parties in Italian civil proceedings (E.T. Liebman) - Application of the principle of confrontation of parties in Yugoslav criminal proceedings (P. Kobe) - Confrontation of the parties in Italian criminal proceedings (G. Conso) - The principle of confrontation of parties in Yugoslav administrative proceedings (N. Stjepanovic´) - Confrontation of the parties in Italian administrative proceedings (M.S. Giannini-A. Piras) - The right to work in the auto-management system of the Socialist Federative Republic in Jugoslavia (R. Kyovski) - The communal system in Jugoslavia: administrative structure of local organs (D. Caca) - Problems of the choice and measure of penalties in a system of prevention and social defence (A. De Mattia) - Some problems of conflict of laws and of jurisdiction in inter-national contracts of sale of goods (M. Giuliano).
113. THE EFFICIENCY OF ITALIAN JUSTICE AND ITS ECONOMIC SOCIAL EFFECTS
L’efficienza della giustizia italiana e i suoi effetti economico-sociali
By Cesare Castellano, Carlo Pace and Giuseppe Palomba
with an Introduction by Giovanni Demaria
Research entrusted to the Economic Section of CNPDS and carried out with the support of the National Research Council and of the Cassa di Risparmio delle Provincie Lombarde
No. 3 in a CNPDS Study Series on «The administration of justice and the Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1968 - XII 310 pages, 95 tables 33 plates
PRESENTATION
This Volume begins with a general analysis of the functional efficiency of the existing judicial machinery and the relationships between the quality and speed of the service rendered and the resulting effects in terms of individual and collective satisfaction. It continues with a number of studies aimed at determining the quality of judgements in Italy, by means of an assessment of their correctness probability factor and an evaluation of the measure to which the differing economic and social positions of the litigants may influence the treatment that they receive. Finally, there is a statistical sampling analysis of judgements given in the Naples Tribunal.
CONTENTS
Economic and social aspects of the crisis of justice (G. Castellano) - The quality of judgements (C. Pace) - Progress in time and space of the quality of judgements (C. Esposito) - Differences of objectivity and time taken in the judicial treatment of litigants relative to their economic and social position (C. Pace) - The efficiency of the administration of justice in Naples (G. Palomba).
114. SUICIDE AND ATTEMPTED SUICIDE IN ITALY
Suicidio e tentato suicidio in Italia
Proceedings of the Study Conference organized by the Provincial Administration of Milan and by CNPDS Milan, Italy, 18th-19th February 1967
Ed. Giuffrè - Milan - 1968 - 190 pages
PRESENTATION
The Conference discussed the Report submitted by the CNPDS Study Committee (*), confirming on the one hand the need to maintain an interdisciplinary approach for research into the aetiology of the phenomenon and on the other hand the importance of discovering personal data in order to take due account of them in the social context to which the individual belongs. The Volume contains the proposals for a new index in which to tabulate data on suicide and attempted suicide, such as the one in operation at the Ospedale Maggiore in Milan, wich should serve as a model for similar facilities at a national level.
CONTENTS
Statistical and sociological aspects - Psychological and psychiatric aspects - Criminological, medical-legal and juridical aspects - Preventive and assistance aspects - Conclusions
(*) For the composition of the Committee see the note to entry No. 108.
115. GENERAL ASPECTS OF FEMALE CRIMINALITY
Gli aspetti generali della criminalità femminile
By Giuseppe di Gennaro, Angelo De Mattia, Gino Faustini, Mario Fontanesi, Francesco Gioggi, Filippo Gramatica, Gilberto Marrubini, Gianluigi Ponti
with an Introduction by Nicola Reale
Series of Criminology Studies, No. 3
Provincial Administration of Milan - 1968 - 140 pages
PRESENTATION
The Volume contains the Reports presented at the Conference of the same title, organized by the Criminological Section of CNPDS and by the Provincial Administration of Milan and held 12th-13th May 1968. They provide an overall view of certain characteristic aspects of female criminality, the analysis having been extended to cover both irregularities of conduct liable to generate into crime and certain forms of indirect participation by women and acts associated with crime. The data put forward consider the general trend of the phenomenon (1890-1955), figures by comparison with male criminality (1957-1967), and data on delinquency among adolescent girls (general data 1896-1959, data on girls convicted of offences against marriage and against the person from 1954 to 1964).
CONTENTS
Female criminality (G. di Gennaro) - Participation by women in crime (A. De Mattia) - Development of female criminality in Italy (F. Gioggi) - Delinquency among adolescent girls in Italy (G. Faustini) - The «beat» generation (F. Gramatica) - Treatment under criminal law of women consenting to criminal abortion (G. Marrubini-G. Ponti) - Bibliography for a study of the criminological aspects of prostitution (M. Fontanesi).
116. THE CITIZEN AND JUSTICE
Il cittadino e la giustizia
By Franco Leonardi
Research undertaken by the Institute of Sociology of the University of Catania and carried out with the support of the Italian National Research Council
No. 4 of a CNPDS Study Series on «The administration of justice and the
Italian changing society»
Ed. Marsilio - Collana Ricerche Sociologiche - Padua - 1968 - XII 301 pages 64 tables
PRESENTATION
The Volume contains a broad and detailed appreciation of the models applied and the methodology employed to identify the attitudes of the public towards the administration of justice - in other words, the impression that the citizen gets from the administration of justice and the prestige enjoyed by practitioners in the law. It concludes with an indication of the disposition of the attitudes and their inclination and significance.
CONTENTS
The crisis of juridical systems - The crisis of jurists - The sociological dimensions of the crisis of the law - Theoretical problems of the expectations of justice - Expectations as value-judgements - Attitudes - The object of the attitudes - The conceptualization of the field of exploration - The procedure of analysis - The laws - The exercise of judicial action - Global attitudes and social values - The logical of inferential argument - The orientation of attitudes and their significance - The «internal» structure of attitudes - The «external» structures of attitudes - Latent structures and the formation of homogenous groups - The analytical model of scaling - The dislocation of attitudes along the continuum - Radicalization and variability - The plurality of mankind and differentiation of attitudes - The co-variation of attitudes - The inequality of social positions - The significance of stratification - The prestige of the professions - The image of legal justice - The Lazarsfeld model of latent classes and its application to the results of a sociological study of the expectations of justice (V. Amato).
117. CRIMINALITY AND THE MOTOR-CAR
Criminalità e automobile
First Italian Study Days of Social Defence promoted by the Italian Group of the International Society of Social Defence, Rome, Italy, 29th-31st March 1968. Special issue of «Quaderni di criminologia clinica» («Notebooks of Clinical Criminology») edited by the Italian Group of the International Society of Social Defence and by CNPDS
Rome - October/December 1968 - 406 pages 43 tables
PRESENTATION
The phenomenon of the widespread use of the motor-car, which has given
rise to an increase in unlawful acts subject to penal sanctions, suggested the
research study to which the first Italian Social Defence Study Days devoted their attention. The Volume contains the Reports which were presented and the debates that were held at the Conference on the specific subject of the motor-car in the criminal field, in relation both to the instrumental modification of certain criminal forms of conduct or the identification of new manifestations of it and also to the general study of the influence of the motor-car on fraudulent crime.
CONTENTS
Criminality and the motor-car. Juridical aspects (G. Rosso) - Preliminary study of a group of convicted persons (G. di Gennaro) - The motor-car as an instrument in fraud particularly in regard to insurance frauds (V. Fornario) - The car as an instrument in fraud generally, with special consideration of the Bill on compulsory insurance (E. Randone) - Modification of criminality as a result of the motor vehicle. Psychological aspects (G. Leggeri) - The motor-car as a criminogenic «longing» (F. Gramatica).
118. THE UNIVERSITY OF TODAY AND SOCIETY OF TOMORROW
Università di oggi e società di domani
Proceedings of the Conference on «Social Sciences, University Reform and
Italian Society», organized by the Provincial Administration of Milan and by CNPDS, 17th-19th November 1967
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1969 - 396 pages
PRESENTATION
The Volume assembles the results of the research and studies undertaken on the deficiencies of university teaching in Italy of the social sciences. Such studies have been set out following three lines of research: the first concerns problems linked with the social need of graduates in the human sciences and the current state of methodology and the social sciences; the second deals with data on the five main faculties examined, to which is added, at the end of the Volume, the Report of the Jurisprudence Committee of the National Union of Assistant University Professors on «The Reform of juridical-social studies and the new
organizational structure into Departments of the University». The third line of research examines the content of teaching in the sector in question.
CONTENTS
Introduction (E. Peracchi) - Social need for graduates in the human sciences (G. De Rita - G. Martinoli) - Note to the paper «Social need for graduates in
the human sciences» (A. Carbonaro) - Considerations on the state of the social sciences (U. Cerroni) - Links between the social sciences and university reform (L. Rosa) - State and prospects of the Faculty of Jurisprudence (G. Conso - E. Fazzalari): The regulation of the Faculty of Jurisprudence in the 1850 Piedmont Law - The Casati law and subsequent amendments of it - The Gentile reform and the unified text of 1933 - The current establishment - The state of the Faculty of Jurisprudence - The requirements of juridical teaching in Italy - Outlines for a reform of the Faculty of Jurisprudence - The study programme for a degree in jurisprudence - The Faculty of Economics and Commerce (S. Steve) - The Faculty of Political Sciences (L. Firpo) - The Faculty of Literature and Philosophy (P. Rossi) - The Faculty of Education (G. Flores d’Arcais) - Reform of juridical-social studies and the new organization of universities into Departments (National Union of Assistant University Professors - Jurisprudence Committee, 1963-65): A new structure for studies in the human sciences: the Departments - The degree course in jurisprudence in relation to the new structures.
119. THE HUMAN SCIENCES AND UNIVERSITY REFORM
Le scienze dell’uomo e la riforma universitaria
Proceedings of the Conference on «Social Sciences, University Reform and
Italian Society», organized by the Provincial Administration of Milan and by CNPDS, Milan, Italy, 17th-19th November 1967
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1969 - 478 pages
PRESENTATlON
This second Volume of the Proceedings (see entry No. 118) of the Conference on the above theme contains ten Reports of eight Working Parties (law, economic sciences, political science, mathematics and statistics, demographic sociology and cultural anthropology, historical sciences, pedagogy and psychology) and a summary of the debates at the Conference itself, where all the above-mentioned Reports were presented.
CONTENTS
Problems and ideas on the teaching of law (G. Pugliese) - University reform and the teaching of the economic sciences (S. Lombardini - L. Frey) - Review of opinions on the teaching of economics subjects in Italy (L. Frey): The demand for economics graduates - The structure of courses - The uneasy state of economics education in Italy - Political science (G. Sartori) - Note on the application of the mathematical method and instruments to the social sciences (C. F. Manara) - The teaching of sociology in the faculties and degree courses in political sciences (A. Ardigò) - The teaching of sociology in faculties of jurisprudence (R. Treves) - The teaching of sociology in Faculties of economics and commerce (A. Pagani) - The teaching of sociology in Faculties of education (L. Gallino) - The teaching of sociology in Faculties of agriculture (G. Marselli) - The teaching of sociology in Faculties of architecture (G. Martinotti) - The teaching of sociology in the sociology degree course of the Higher Institute of Social Sciences, Trento - Faculty of Sociology (F. Barbano - G. Braga) - The teaching of demography (N. Federici) - Report on cultural anthropology (T. Seppilli) - The teaching of historical sciences in the university (Working party on the historical sciences) - The training of educationalists and teachers: Identification of social workers requiring pedagogic training (R. Laporta) - The pedagogic training of non-scholastic educationalists (A. Agazzi) - The training of infant-school and elementary-school teachers (C. Borghi) - The training of secondary school teachers in regard to the «human sciences» (E. Becchi) - The university training of the «pedagogist» and the progress of pedagogic research (G. M. Bertin) - Psychology in the university and society of today and of tomorrow (M. Cesa Bianchi - C. Musatti) - The psychology professions in Italy (L. Meschieri) - Note on the study of psychology in the cultural formation of students in the Faculty of literature and philosophy (E. Valentini) - Note on the study of psychology in the philosophy degree course (G. Kanizsa) - Considerations on the psychological training of teachers (A. Quadrio) - The psychological training of scholars in the social sciences (F. Metelli) - Contribution of psychology to the training of the linguist (D. Parisi) - Psychology in the doctor’s training (R. Canestrari - M. Cesa Bianchi) - Note on the study of psychology for students in the Faculty of natural sciences (E. Valentini) - Notes on the problem of the psychological formation on the jurist (G. Iacono) - Note on the study of psychology in training economists (G. Kanizsa) - Note on the validity of a psychological part in the training of architects and town-planners (L. Meschieri) - Considerations and plan for a degree course in psychology for a faculty of human sciences (E. Valentini).
120. RECIDIVISM AND YOUNG ADULTS
Recidivismo e giovani adulti
By N. Reale, F. Ferracuti, M. Fontanesi, G. Minervini, S. Somogyi, G. Tartaglione and E. Valentini
Research on the indigenous population of the Rome area in the years 1928, 1929 and 1930 entrusted to the Criminological Section (*) of CNPDS and carried out with the support of the Italian National Research Council
Series of Criminology Studies, No. 4
Rome - 1969 - 452 pages
PRESENTATION
The study on indigenous inhabitants of the Rome area in the years 1928, 1929 and 1930 had as its object recidivism among young adults (commonly deemed to be those between the upper age of minor’s criminal responsibility and 25 years of age). It developed along two directions: statistical collection and analysis of data on the «collective community» and collection of data on a representative sample group of subjects. The Volume contains the Report on the objectives, methods and results of the research, a bibliographic note on the criminological aspects of recidivism and the essential documentation of the research.
CONTENTS
Preparation of the base material - Sample - Tracing of the subjects and execution of the enquiry - Execution of the social enquiries - Execution of the psychological, medical and psychiatric studies - Mechanographic analysis of data concerning enquiries into the sample - Analysis of data on the collective community - General considerations - Analysis of data on the collective community - Considerations on subjects P1, R1, R2 - Analysis of data on the sample: a) Generalities - b) Data of statistical significance - c) Data on social records - d) Data on medical records - e) Data on psychological records.
(*) The criminological section consisted of:
Chairman: S.E.N. Reale.
Vice-Chairmen: prof. B. Di Tullio, prof. C. M. Cattabeni, prof. G. Vassalli.
Scientific Secretariat: cons. V. Altavista, cons. G. di Gennaro prof. F. Ferracuti, prof. G. Marrubini, cons. G. Minervini, cons. G. Tartaglione.
121. JUSTICE AS AN ORGANIZATION: THE COURT OF CASSATION
La giustizia come organizzazione: la corte di Cassazione
By Giuseppe Di Federico with an Introduction by Gino Martinoli and contributions by Giorgio Freddi and Renato Borruso
Research entrusted to the Sociology Study Group of CNPDS and undertaken with the support of the Italian National Research Council and the Cassa di Risparmio delle Provincie Lombarde
No. 5 of a CNPDS Study Series on «The administration of justice and the
Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1969 - 292 pages LXVII tables
PRESENTATION
The research and studies contained in this Volume examine the supreme organ of Italian justice, through a description of the role of the Court of Cassation and the Attorney General’s Branch at that Court; an analysis of the features
of the division of work among the judges and the qualified officials of that Branch, together with a twofold analysis, one on the execution of the work of the Court and the other on the flow of that work as occurred in the tirst term
of 1966. In the Appendix, information is given on an experiment under way at the Court in the use of computers for finding precedents.
CONTENTS
The collection of data and use thereof - The expressions «career», «grade», «hierarchical structure» - The contribution of the judiciary to the study - Institutional aims, structure, personnel and work-loads (G. Di Federico): General characteristics of the roles of the Court of Cassation and its Attorney General’s Branch in the Italian judicial system - The organizational position of the judges and qualified officials of the Branch - Distribution of the same and division of work between their organizational sub-units - General features of the relation between the aim for uniformity of the Court’s decisions and the division of work between its sub-units - Characteristic malfunctions of the organs of the Court of Cassation and its Attorney General’s Branch - Residence away from the judicial centre - The drawing together of the judiciary and qualified officials: general aspects and instruments of analysis - The privileged status accorded to the civil sessions in the distribution of organizational resources - General considerations on quantitative data concerning the execution of the work of the Court - The flow of the Court’s appeal work (G. Di Federico and G. Freddi): Functions of the office of «maximary» in civil matters - The documentation work in penal matters - Operative and environmental features of the work of the «maximary» - The structure of the allocation of the Court List - Appeals in civil matters - The preparatory stages for hearing appeals: Preparation for the hearing by the «rapporteur». Preparation for the hearing by the Chairman of the Court - Preparation of the oral and written requisitions by officials of the Attorney General’s Branch - Preventive and general hierarchical controls aimed at ensuring the consistency of approach by the Attorney General’s Branch: - The public hearing - The «extension» of judgements: Control of the transcripts of proceedings - Co-ordination and signature of the judgements - Identification of the «maxims» (rationes decidendi) and control of observance of precedents - The use of mechanographic and electronic instruments at the Court of Cassation (G. Di Federico - R. Borruso): Discovery of the maxims and setting out their text: Classification, indexing, extraction and printing of court precedents - The compilation of official collections of maxims from court cases - The current state of the use of mechanographic instruments and future prospects - Future prospects: The use of a computer.
122. WITHDRAWAL OF THE RIGHT TO PRACTICE WITH REFERENCE TO THE PROFESSIONS AND CERTAIN OTHER ACTIVITIES
Les interdictions professionnelles et les interdictions d’exercer certaines activités
Proceedings of the VIIth International Congress on Social Defence
Published in French
Ed. Cujas - Paris - 1969 - 341 pages 13 tables
PRESENTATION
The Volume contains the studies, summarized in the relative Reports, conducted through enquiries into the juridical, social and criminological and also medical-biological aspects. The first part indicates the managing organs of the Society, its «minimum programme» and the Resolutions passed at the six previous Congresses. Also set out are the General Reports discussed at the Congress, a Report of the Italian Ministry of Justice, the debate and the Summary Report of it. The publication ends with a number of communications presented by Italy, France and Japan and the final Resolution approved by participants in the Congress.
CONTENTS
Theme of the Congress and commentary - Addresses by G. Codacci Pisanelli - F. Sellitto - E. Galway - A. Tsitsoura - O. Reale - F. Gramatica - M. De Pietro - P. Cornil - Introductory Report (G. Delitala) - Juridical aspects of the problem (G. Vassalli) - The social-criminological aspects of the problem (F. Ferracuti) - The biological and medical aspects of the problem (Y. Roumajon) - The judicial aspects of the problem (R. Screvens) - The execution of sentences (P. Cornil) - Report of the Italian Ministry of Justice and final contributions - Summary Report (M. Ancel).
123. THE ROLE OF THE JUDGE IN DETERMINING AND APPLYING PENALTIES
Le role du juge dans la détermination et l’application des peines
By P. Nuvolone, F. Bricola, E. Bruti Liberati, G. Guadagno
Report by the Study Committee (*) of CNPDS presented to the Xth International Congress of the International Association of Penal Law, Rome, Italy, 29th
September - 5th October 1969
Published in French
Milan - 1969 - 82 pages
PRESENTATlON
The Report tackles the questions of the judge’s discretionary powers, including matters of supplementary penalties and the relationship between the crime and the personality of the offender. The General Report also examined problems of the reasoning in determining the penalty and appeals against the same, together with the role of the judge in the execution of the judgement.
CONTENTS
General Report (P. Nuvolone) - The discretionary power of the judge in determining and applying the penal sanction (nature and constitutional aspects) (F. Bricola) - The role of the judge in the application of supplementary penalties (E. Bruti Liberati) - Relations between the examination of the offence and the examination of the personality of the offender (G. Guadagno).
(*) The composition of the Committee was: Chairman: prof. P. Nuvolone.
Secretary: avv.ssa D. Gualtierotti Rondoni.
Members: prof. F. Bricola, dott. E. Bruti Liberati, S. E. G. De Matteo, avv. G. Guadagno, avv. V. Mazzola, prof. M. Pisani, dott. A. Sigurani.
124. STRIKE, POLITICAL POWER AND THE JUDICIARY 1870-1922
Sciopero, potere politico e magistratura, 1870-1922
By Guido Neppi Modona
with an Introduction by Alessandro Galante Garrone
Research entrusted to the Institute of Political Sciences of Turin University and undertaken with the support of the Italian National Research Council
No. 6 of a CNPDS Study Series on «The administration of justice and the
Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1969 - XIX 486 pages
PRESENTATION
Examining the connection between, on the one hand, the promulgation of
various laws incriminating strikes and consequent interpretations thereof in the Courts and, on the other hand, the social, economic and political realities in Italy, the study, employing schemes and methods of historical research which are not customarily employed in Italy in the juridical sciences, assesses the activity and function performed by the judiciary in regard to the criminal implications of labour disputes and synthesizes certain constants in the work of the judiciary, which may be put forward again at this current historical juncture.
CONTENTS
From the Sardinian-ltalian Code to the Zanardelli Code: Myth and reality of regulation of strikes in the Zanardelli Code. Comparison with the pre-Unification Codes - Management classes and forces of labour in the face of strikes prior to the Zanardelli Code - Trends in the Courts and Executive pressures in the last decade of application of the Sardinian-ltalian Penal Code - Attitudes in court decisions up to the first General Strike in 1904 - The new forms of labour disputes in the decade preceding the First World War - Industrial mobilization and the influence of war conditions on the labour sector: The war years and the control of industrial mobilization - The atmosphere and activity of the judiciary in the war years - Strikes as the culmination of the crisis of the State and of the confrontation between Socialism and Fascism between 1919 and 1922: Economic strikes and political strikes in 1919 - The reaction of the judiciary to the civil service strike in 1920 - Absenteeism of the judiciary in the face of the occupation of factories - The agricultural disturbances and the new classification of the boycott as unlawful extortion - Socialists and Fascists before the Criminal Law - The judiciary and Fascist illegalism in 1922 - Repressive measures by the judiciary against the 1922 General Strike and the first interventions affecting the judiciary by the Fascist government.
125. ADMINISTRATIVE JUSTICE IN THE POLITICAL THOUGHT OF SILVIO SPAVENTA
La giustizia amministrativa nel pensiero politico di Silvio Spaventa
By Giulio M. Chiodi
with an Introduction by Alessandro Galante Garrone
Research entrusted to the Institute of Political Sciences of Turin University and undertaken with the support of the Italian National Research Council and the Cassa di Risparmio delle Provincie Lombarde
No. 7 of a CNPDS Study Series on «The administration of justice and the
Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1969 - XIII 190 pages
PRESENTATION
In the years after 1876, when a left-wing Government was in power, the battle for justice in public administration became the centre of political struggle in Italy. Silvio Spaventa, known as the leading Italian theorist on the State and the law, was the first to recognize in that battle the crucial moment for updating the institutional organizazion of the modern State. This Volume, describing the principal stages of Spaventa’s experience as an exponent of the progressive Right, as a Deputy and as a Minister, also presents a picture of the main ideologies on which the unified State was consolidated and of the difficulties which beset its progress. The juxtaposition with Minghetti’s theory, of contrary inspiration, is highlighted.
CONTENTS
Administrative justice as a fundamental problem of the Italian State: Administrative justice in the conflict between «legal State» and «actual State» - Administrative justice as a function of the opposition - Silvio Spaventa before the fall of the Right and the precedents of the Bergamo discourse - The Bergamo discourse on justice in administration: The legislative precedents - The irresolution of jurisdiction and the crisis of the Judiciary Ministerial excess of power - The balance of the three powers (double responsibility) - The Spaventa-Minghetti contrast and the contribution of Spaventa - Administrative justice in the liberal ideology of Silvio Spaventa: Freedom - Legality - The State and civil society - The status of law.
126. SOCIAL-CULTURAL VALUES OF COURT DECISIONS
Valori socio-culturali della giurisprudenza
By M. C. Celoria, R. Odorisio, G. Petrella, D. Pulitanò
with an Introduction by L. Bianchi d’Espinosa and a Foreword by D. Greco. Research entrusted to the Lombard Institute of Economic and Social Studies and undertaken with the support of the Italian National Research Council.
No. 8 of a CNPDS Study Series on «The administration of justice and the
Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1970 - 234 pages
PRESENTATION
This work, which analyses the ideological orientations of the judiciary as shown in their judgements, is founded on two premisses: under the first, the juridical issue sometimes needs for its resolution a social and political evaluation, which is left to the discretion of the judge; the second asserts that justice, even if it lies in the hands of a plurality of organs, is generally subject to prevailing orientations (usually those of the Court of Cassation). The research examines a number of sectors in which the dominant socialcultural values in decided cases are most manifest: family relations, manwife relations, common sense of decency, industrial relations etc. The decisions examined relate to three epochs in Italian history that were notably subject to confrontations (1905-15, 1925-35, 1950-63) giving the reader valuable base material on the function fulfilled and assumed by the judiciary in certain sensitive areas of Italian social life.
CONTENTS
Introduction (L. Bianchi d’Espinosa) - The ideology of the judiciary - Social-cultural values and ideologies - Values in decided cases and ideology of the judge (D. Greco) - Strikes and lock-outs - Position of the worker in the firm - Works Councils and safeguards for union activity - Reflections of political events on the contract of employment (R. Odorisio) - Condition of women before marriage - The honour of unmarried women - Moral and social condition of women after marriage - Family ethics (M. C. Celoria - G. Petrella) - Correct behaviour: Obscenity and the «common sense of decency» - «Absolutist» concepts - The criterion of the «reasonable man» - The open interpretation of normality («reasonableness») - The features of obscenity: repugnance and excitation - Obscenity, art and science (D. Pulitanò).
127. STATE AND CITIZEN IN COURT: POLITICAL EVALUATIONS IN JUDGEMENTS
Stato e cittadino in tribunale: valutazioni politiche nelle sentenze
By Federico Governatori
with an Introductory Note by L. Bianchi d’Espinosa
Research entrusted to the Lombard Institute of Economic and Social Studies and undertaken with the support of the Italian National Research Council
No. 9 of a CNPDS Study Series on «The administration of justice and the
Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1970 - VIII 281 pages
PRESENTATION
This Volume examines the position of the individual vis-à-vis the State and the political and civil rights of the citizen through an analysis of judgements in Italian courts in the periods 1905-15, 1925-35, and 1950-63. It represents a further contribution to the knowledge of the prevailing ideological trends in court decisions, i.e. in the delicate task of interpreting the law. The judgements refer to three periods in Italian history which are particulary useful for a comparative assessment in view of their ideological contrasts: the liberal State, the Fascist regime from its establishment to its apogee, and the democratic Republic. From the results of the study emerges the degree of adhesion by the courts to the ideology immanent in the legislative system they are called upon to apply, contrasting with the one prevailing in the system in force in the earlier period.
CONTENTS
Political evaluations contained in the judgements - The contrast between authority and freedom in the liberal concept: The individual and authority in the face of liberal justice - Freedom of thought, of expression, of political criticism - Freedom of the press - The evaluation of political and social conduct and ideologies out of tune with the prevailing order of society at the time: The persistence of liberal evaluations in the first year of Fascism - The conscious defeat of liberal interpretations and evaluations resulting from adhesion to the principles and methods of Fascism: The political and constitutional position of the Fascist Party - Evaluative judgements: on political oppositions, on ethnic minorities, etc. - The attitude of the judiciary in decisions on offences against the Head of Government - Evaluations in cases of offensive behaviour - Evaluations opposed to the application of Fascist criteria and norms - The application of the Republican Constitution: The limits, temperaments and evaluative obstacles to the application of the Constitution - Evaluations on continuity of the State, its institutions and its policy - Evaluations on the relationship between authority and the individual, drawn from decisions on cases of insulting behaviour: The evaluations on the position of the judiciary and the function of the judge: Prestige, impartiality and independence of the judiciary - Expressed evaluations of judicial policy and considerations on the role of the judge - Freedom of thought, of speech, of criticism, of the press - Criticism and political propaganda against the Government and institutions of the State and offences of opinion: The political struggle and disparagement of the Government - Disparagement of the Armed Forces and of the Police - The plea of conscientious objection and the Balducci case - Evaluations of collective behaviour in social and political conflict: The «seditious demonstration» - The class struggle - Invasion and occupation of lands - The occupation of industrial plants - Strikes - The evaluation of «motives of special moral and social value».
128. FREEDOM OF COMPETITION
La libertà di concorrenza
Proceedings of the Study Conference held at Como, Italy, 4th-6th October 1968
No. 4, Collection of Study Conferences «Current Problems of Civil Law and
Procedure»
Ed. Giuffrè - Milan - 1970 - XVI 277 pages
PRESENTATION
This book contains, as usual, the complete text of the Proceedings of the Conference (Reports, communications, contributions) and ends with a Summary Report which gives the gist of the debate and general and political subjects tackled during the work of the Conference. There is then an extract from the EEC Treaty, the rules of application of Arts. 85 and 86 thereof, and the text of legislative proposals and drafts and of the Sherman Act (1980).
The Study extends to Comparative Law and in particular to Regulations within the ambit of the EEC.
CONTENTS
Protection of freedom of competition in the history of legislations in comparative law and in practical experience. General problems (M.G.E. Luzzati) - Protection of freedom of competition in Italian Law (F. Ferrara) - Freedom of competition in EEC Law (P. Ziccardi) - Anti-monopolies legislation in economic policy (S. Lombardini) - Points for the debate on the control of public powers (P. Ghirardi) - The unlawfulness of «understandings» as a case of partial nullity (F. Ziccardi) - Summary Report of the Conference debates (G. Minervini).
129. COSTS AND BENEFITS OF ITALIAN JUSTICE. ECONOMIC ANALYSIS OF PUBLIC EXPENDITURE ON JUSTICE
Costi e benefici della giustizia italiana. Analisi economica della spesa pubblica per la giustizia
By Francesco Forte and PierVincenzo Bondonio
Research entrusted to the Turin Centre of Industrial and Social Studies and undertaken with the support of the Italian National Research Council and the Cassa di Risparmio delle Provincie Lombarde
No. 10 of a CNPDS Study Series on «The administration of justice and the Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1970 - 221 pages 47 tables
PRESENTATION
The Volume analyses the degree of adequacy of public expenditure in the justice sector, seeking to identify the instruments to resolve the gap between a potential demand, in a fully developed state of a developing society and the inefficient provisions given by the administration of justice. The work, made difficult for the Authors by the total lack of information on the economics of justice, is the first attempt to give an organic construction to the analysis of this important sector of public life. A special examination is made of justice as a productive sector, developing in original terms the analysis of its efficiency and presenting certain operative instruments already applied in other countries, while postulating an application of these instruments to the problems of justice in Italy. Finally, the Volume presents the quantitative results of the «costs-benefits» analysis for Italian judicial administration.
CONTENTS
First outline of an economic theory of justice (F. Forte) - Economics of justice and theory of public expenditure: approaches and limits (P. V. Bondonio) - Brief review of certain studies of the economics of justice (P. V. Bondonio) - The costs and benefits of justice and the PPBS (F. Forte) - Attempts to enforce the PPBS to the budget of the Italian Ministry of Justice (P. V. Bondonio) - Methodological indications and first quantitative results of the costs-benefits analysis of Italian judicial administration (P. V. Bondonio).
130. FAMILY, JUDGE, COMMUNITY
La famille, le magistrat, la communauté
Italian Report presented by CNPDS, the Ministry of Justice of Italy and the Italian Union of Youth Magistrates to the VIIIth Congress of the International Association of Youth Magistrates, Geneva, Switzerland, 13th-18th July 1970
Edition in French of the Summary Report
Milan - 1970 - (duplicated form) - 48 pages
PRESENTATION
This publication contains the Summary Report presented jointly by the Centro, the Ministry of Justice and the Italian Union of Youth Magistrates to the Geneva Congress. The Report examines the problems of safeguarding the fundamental rights of minors in the community, of judicial protection and rehabilitation of the minor, of the professional and social role of the Youth magistrate and of the protection of the rights of foreigners.
CONTENTS
Summary Report of the work of the Committee (*) of the Centro Nazionale di Prevenzione e Difesa Sociale (L. D’Orsi).
(*) The composition of the Committee was: Chairman: prof. A. Dell’Oro.
Members: pres. G. Accinni, dott. G. Bandirali, cons. G. Battistacci, pres. I. Baviera, prof. P. Bertolini, dott. L. Bolla, dott. S. Ciano, pres. G. Cicorella, cons. I. Cividali, dott. C. Coppola, dott. M. Dall’Alba, prof. E. De Denaro, cons. G. Delfini, cons. V. D’Orsi, dott. C. Mazzeo, pres. G. Meucci, dott. C. Perletti, dott.ssa L. Pomodoro, cons. U. Radaelli, pres. S. Romano, pres. F. Rosi Cappellani, dott. G. Santarsiero, dott. M. F. Santucci Martino, dott. R. Scalia, dott. S. Spagnoletti Lanza.
131. FAMILY, JUDGE, COMMUNITY
La famille, le magistrat, la communauté
Italian Report presented by CNPDS, the Italian Ministry of Justice and the Italian Union of Youth Magistrates to the VIIIth Congress of the International Association of Youth Magistrates, Geneva, Switzerland, 13th-18th July 1970
Edition in French and Italian of the work of the Study Committee (*)
Milan - 1970 - (duplicated form) - 332 pages
PRESENTATION
The Volume contains an account of the work of the Study Committee on the various problems discussed, with a résumé of the discussions prompted among Italian experts, by the compilation of the replies to the questionnaire sent out by the International Association of Youth Magistrates in preparation for the Congress.
CONTENTS
Replies to the Association’s questionnaire - Summary Report on the work of the Committee (L. D’Orsi) - Guarantee of fundamental rights of minors in the Community (I. Baviera) - Observations and notes on the subject (C. Coppola) - Fundamental rights of the child (R. Scalia) - Judicial protection of minors and their reintegration into the family and social community (P. Bertolini) - The juvenile court magistrate in the community (G. Santarsiero) - Penal structure and system for minors (G. Bandirali) - The judge vis-a-vis personal rights and family
relationships (G. Battistacci) - Historical-critical evaluation and future prospects of juvenile justice (I. Cividali) - Training of technicians and their relationships with juvenile court magistrates (E. De Denaro) - The rehabilitative function of the Juvenile Court (G. P. Meucci) - The protection of foreign minors in the community (F. Rosi Cappellani) - Administrative and civil intervention of the Italian magistrate in regard to foreign minors (G. Accinni) - Adoption and affiliation of foreign minors by Italian spouses (G. Cicorella) - Intervention of the Italian Youth Magistrate in regard to foreign juvenile offenders (C. Mazzeo) - The state of Italian legislation on assistance to foreign minors (M. F. Santucci Martino).
(*) For the composition of the Committee see entry No. 130.
132. CRIMINALITY AND DEVELOPMENT
Criminalité et développement
Documents presented by the International Penal and Penitentiary Foundation and the International Society of Social Defence to the IVth United Nations
Congress for the Prevention of Crime and the Treatment of Offenders, Kyoto, Japan, 17th-26th August 1970
Published in French
Milan - 1970 - 88 Pages
PRESENTATION
This Volume contains the three documents prepared under the supervision of the CNPDS for presentation to the IVth United Nations Congress for the Prevention of Crime and the Treatment of Offenders. The Report deals with development, social-economic transformations and criminality, with special attention given to planning mechanisms. In addition, the minimum basic rules for the treatment of detainees are examined with emphasis on the contribution of institutional research to the formulation of a new policy of social defence.
CONTENTS
The policy of social defence and planning of national development (International Society of Social Defence) - The Compendium of Minimum Rules for the
treatment of those in detention, taking account of changes that have occurred
in prison matters (International Penal and Penitentiary Foundation) - The organization of research to ameliorate social defence policy (International SOCIETY of Social Defence).
133. MODERN PERSPECTIVES IN THE FIGHT AGAINST RECIDIVISM
Moderne prospettive nella lotta contro il recidivismo
Second Italian Study Days on Social Defence, Spoleto, 7th-9th November 1969.
Special issue of «Quaderni di criminologia clinica» («Notebooks of Clinical Criminology») edited by the Italian Group of the International Society of Social Defence and by CNPDS
Rome, Italy, July-September - 1980 - XVIII 350 pages
PRESENTATION
Elements for a plan for the construction of prison institutions linked to the infra-structures of the welfare and cultural services of the territory, a guarantee of jurisdictional cover and operational aspects: these are the themes to which the Reports contained in the Volume are dedicated. It also contains the texts of various communications and all the discussions at the Study Days. In the Appendix is the text of a Report on the same theme prepared for the First Italo-French Study Days on Social Defence, held at Vicenza in October 1969.
CONTENTS
Elements for a plan for the construction of prison institutions linked to the infra-structures of welfare and cultural services in the territory (S. Lenci) - Guarantee of jurisdiction and technical aspects in the execution of prison sentences (G. Sabatini) - Probation: Operational aspects (G. di Gennaro) - Guarantee of jurisdiction in the fulfilment of social defence (F. Gramatica) - Prison construction - Premiss of a public health practitioner (C. Mastantuono) - Theoretical and practical aspects of probation (G. di Gennaro).
134. SCIENTIFIC RESEARCH IN CRIMINOLOGY
La recherche scientifique en criminologie
National Reports for Italy
Documents presented and edited by the Criminological Section of CNPDS to the VIIIth International Congress of Criminology Madrid, Spain, 21st-27th September 1970
Published in French
Milan - 1970 - (duplicated form) - III 66 pages
PRESENTATION
This publication contains the Reports and Communications prepared by experts of the Centro under the general theme of the Congress. It covers the following subjects: Scientific research in criminology, scientific research and the teaching of criminology, studies on the application of probation and similar measures, problems of priority in criminological research.
CONTENTS
Present state of scientific research in criminology (G. Tartaglione) - Reports on the scientific research and criminal policy (G. Ponti - A. Berruti) - Researches conducted on probation and analogous measures (G. Tartaglione) - Report on scientific research and teaching of criminology (T. Bandini) - Orders of priority in criminological research (U. Fornari - B. Pannain) - Epistemology and criminological research (G. Canepa) - The co-ordination of inter-disciplinary researches in criminology (M. Portigliatti Barbos) - The criminological aspects of trafficking in drugs (A. Arata) - Victimology (B. Orsini).
135. THE CRIMINAL LAW OF COMMERCIAL COMPANIES
Il diritto penale delle società commerciali
By E. Ardemani, A. Bartulli, F. Bricola, E. Bruti Liberati, L. Conti, U. Loi, G. Majani, G. Marinucci, M. Pisani, M. Romano, E. Salafia, G. Sena and F. Tagliarini
with an Introduction by Pietro Nuvolone
Research entrusted to a Study Group of the Juridical Section of CNPDS and undertaken with the support of the Italian National Research Council
Ed. Giuffrè - Milan - 1971 - XVI 314 pages
PRESENTATION
This Volume, with its Introduction which refers, inter alia, to a summary review of the exponential values expressed by the various reports sets out the most important results of the research, which, on its various planes and stand-points, examined a number of fundamental issues: the nature of the interests under consideration, the subject companies, falsification of accounts, omissions de iure condito and de iure condendo and problems of co-ordination between institutions in the private and public sectors.
CONTENTS
Premiss of Private Law (U. Loi - G. Sena) - Considerations on the establishment of companies with share-capital (E. Salafia) - The cost of the principle societas delinquere non potest in the current dimension of the corporate phenomenon (F. Bricola) - Normative techniques for the repression under Criminal Law of abuses by directors of limited companies’s (G. Marinucci - M. Romano) - Practical exercise of directorial powers and criminal liabilities in unlawfully run companies (L. Conti - E. Bruti Liberati) - The technical pre-requisites for liability for falsification of company accounts (E. Ardemani) - Technique of drawing up company accounts and penal regulations (A. Bartulli) - Problematical aspects of offences by commercial company directors and auditors committed for purposes of fiscal fraud (F. Tagliarini) - Criminal law implications in the stock-market (G. Majani) - Notes on the investigation of crimes in the Company Law field (M. Pisani).
136. CIVIL ACTION AND CRIMINAL PROCESS
Azione civile e processo penale
Proceedings of the Study Conference held at Lecce, Italy, 1st-4th May 1969
No. 6 in the Collection of Study Conferences «Enrico de Nicola - Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1971 - XXIV 260 pages
PRESENTATION
The assembled texts of the Introductory Report and of the six Reports, which brought the various aspects of the theme of the Conference to the attention of the participants and legal practitioners in general, including prospects de iure condendo, offer an exhaustive panorama, while including also details of the many verbal contributions to the Conference and communications to it. The Volume ends with the Summary Report which gives the opportunity to assess in an organic critical perspective the results of the work of the Conference.
CONTENTS
Introductory Report (G. D. Pisapia) - The exercise of civil action at the first level of criminal proceedings (A. Candian) - Civil action and overruling judgements (D. Siracusano) - Art. 28, Code of Criminal Procedure and the consequent enforcement of the penal sentence (G. De Luca - L. Montesano) - Civil action in the criminal process: a Comparative Law review (A. De Mattia) - Merger or separation of judgements: prospects de iure condendo (V. Andrioli) - Union or separation of judgements: prospects de iure condendo (M. Pisani) - Compatibility between the role of witness and the position as a civil action party in criminal proceedings (V. Perchinunno) - Summary Report of the Conference discussions (G. Conso).
137. THE EUROPEAN CONVENTION FOR THE REPRESSION OF ROAD-TRAFFIC OFFENCES - PROBLEMS OF ADOPTION WITHIN ITALIAN LEGISLATION
La Convenzione europea per la repressione delle infrazioni stradali - Problemi di adeguamento della legislazione italiana
Proceedings of the Study Conference held at Perugia, Italy, 2nd-4th October 1970
Organized by CNPDS in collaboration with the Automobile Club of Italy and the Automobile Club of Perugia
Milan - 1971 - 103 pages
PRESENTATION
The Proceedings collected in this Volume represent an important instrument for reference and study for anyone, whether for purely juridical purposes or for insurance in the strict sense of the word, who needs to tackle the important subject of the Conference and the related complex problems highlighted in the course of it. The Conference outlines a new form of international collaboration to ensure the adoption of penalties for road-traffic offences even where the
offender resides in a different country from the one where the offence was
committed and to ensure also the execution of the penalties that have been
imposed.
CONTENTS
Considerations on the Constitutional validity of certain norms of the Strasbourg Convention for the repression of road-traffic offences (F. Masci) - The European Convention for the repression of road-traffic offences: problems of application (G. Tartaglione - E. De Vincentiis) - Legislative Appendix: The European Convention for the repression of road-traffic offences - Debate - Interventions.
138. TECHNIQUES OF JUDICIAL INDIVIDUALIZATION
Les techniques de l’individualisation judiciaire
National and individual Reports presented to the VIIIth International Congress on Social Defence, Paris, 18th-22nd November 1971
Published in French and English
Rome - 1971 - 494 pages
PRESENTATION
Penalistic, proceduralistic, medical, psychiatric and social aspects of the problems of individualizing penal proceedings, in the widest sense, from the commencement of the investigation to the final execution of the sanctions, were examined by the Reports set out in this Volume, which also offers a comparative survey of systems in other countries and indicates prospects of further development in this field. Additionally, the Volume offers, more specifically, a framework of technical means, which either exist or are desirable, whereby the offender may be given a treatment of «social rehabilitation» which will be as effective as possible under current techniques for examining personality and choosing the most suitable measure for achieving the desired re-integration into society.
CONTENTS
An example of individualized treatment of the offender: the «penal tutelage,» of regular offenders in France (R. Schmelck) - Brazil: Individualization of the penalty during its execution (A. Bergamini Miotto) - Finland: Techniques of individualization processes. Why? (I. Anttila) - Judicial individualization in current Finnish Criminal Law (P. Koskinen) - France: The techniques of judicial individualization (Centre d’études de défense sociale de l’Institut de droit comparé, Paris) - Hungary: The techniques of judicial individualization in Hungarian Criminal Law (M. Vermes) - Italy: Techniques of judicial individualization (Centro nazionale di prevenzione e difesa sociale) - The technique of judicial individualization in a system of social defence (F. Gramatica) - Japan: The techniques and problems of judicial individualization in Japan (T. Morishita) - Netherlands: The techniques of judicial individualization (P. Allewijn) - Poland: Criminological aspects of judicial individualization (L. Lernell) - The techniques of judicial individualization (S. Plawski) - The scientific techniques of offenders’ judicial individualization in Polish criminal procedure (S. Waltos) - Arab Republic of Egypt: The procedural techniques of individualization and the authority of precedent in criminal matters (H. Allam) - Individualization of the penalty in Egyptian Law (H. A. H. Akouche) - Aspects of fact and law in individualization as a necessity of social defence (R. Behnam) - The bi-lateral division of criminal process (M. O. El Hamchari) - The judge as expert among experts in the light of modern penal policy (M. Maher Hassan) - Penitentiary individualization (N. Hosni) - Procedural guarantees of judicial individualization (A. F. Sorour) - Federal Republic of Germany: Fines graded as a postulate, as well as an instrument of an effective penal individualization (J. Baumann - M. Melzer) - The reform of the criminal correction system in West Germany (H. Mueller Dietz) - New tasks for German forensic psychiatry (W. Rasch) - The criminological-service: a route towards individualization (T. Wuertenberger) - Republic of South Africa: Aspects of individualization as it pertains to South Africa with reference to the advisability and practicability thereof in the administration of justice (M. G. T. Cloete) - Sweden: On certain aspects of the techniques of judicial individualization (E. Leche) - Swaziland: Social defence in the Swaziland prison service, 1971 (R. L. Mkatshwa) - USSR: Individualization and responsibility (Institute for the study of the causes of criminality and for the elaboration of preventive measures) - Venezuela: Judicial individualization (A. G. Iturbe) - Penitentiary aspects in judicial individualization (R. Buroz Arismendi) - Yugoslavia: Study of personality as the basis of judicial individualization (D. Cotic - D. Vujcic).
139. SENTENCING, FORMULATION OF THE PENAL SENTENCE
Le «Sentencing» élaboration de la sentence pénale
Proceedings of the IInd Inter-Association Colloquium at Bellagio, Italy, 6th-10th May 1968
organized by the Provincial Administration of Milan and CNPDS
No 2., Series of Comparative Law
Published in French and English
Rome - 1971 - 227 pages
PRESENTATlON
The four International Associations, operating in the field of social defence and in consultative status with the United Nations Economic and Social Council, took as their theme for the second joint Colloquium the subject of “Sentencing”, a term which expresses both the study and implementation of all the operations whereby the penal judgement is formulated. This Volume of the Proceedings of the Colloquium contains, in the first part, the four Reports drawn up by the general rapporteurs appointed by each of the participating Associations and, in the second part, the texts of the contributions to the debate on the four basic themes of preparation, formulation and execution of the judgement and problems common to those three stages, with special reference to the training of the judge. The Volume ends with a Final Report drawn up after the discussion among the participants.
CONTENTS
The infliction of the penalty (IAPL - M. Kadar) - The judge and the execution of the sentence depriving liberty (IPPF - E. Lamers) - The sentencing process (ISC - I. Drapkin) - The judge and the formulation of the sentence (ISSD - J. Chazal).
140. JURIDICAL PERSONALITY AND ORGANIZED GROUPS
Personalità giuridica e gruppi organizzati
Proceedings of the Study Conference held at Trani-Barletta, Italy, 19th-21st June 1970
No. 5 Collection of Study Conferences, «Enrico de Nicola - Current Problems of Criminal Law and Procedure»
Ed. Giuffrè - Milan - 1971 - XX 209 pages
PRESENTATION
The theme of the Conference was prompted by the need to verify the juridical and sociological aspects of the formation of organized groups. This publication assembles the Reports, communications and introductions and ends with a Summary Report of the discussions at the Conference. This last item, apart from making an accurate record of the various opinions put forward, goes on to attempt an organic re-elaboration of the theme in order to reconstruct the inner logic of the work undertaken - even from sometimes greatly opposed standpoints - by all the participants.
CONTENTS
Juridical personality and organized groups: introductory considerations (P. Rescigno) - Old and new trends on the subject of «juridical personality» (L. Buttaro) - Constitutional principles and the regulation of organized groups. Some perspectives for a desirable reform (G. Minervini) - Civil law aspects of the problem of juridical personality and organized groups (M. Boneschi) - Proposals for discussion on the theme: juridical personality and patrimonial autonomy of corporate and individual firms (U. Loi) - «Lifting the corporate veil» in cases of its abuse and the Italian legal system (N. Distaso) - On juridical persons (S. Romano).
141. JUSTICE AND JUDGES IN ITALIAN SOCIETY. PROBLEMS AND STUDIES IN SOCIOLOGY OF LAW
Giustizia e giudici nella società italiana. Problemi e ricerche di sociologia del diritto.
By Renato Treves
No. 11 of a CNPDS Study Series on «The administration of justice and the Italian changing society»
Ed. Laterza - Collana Biblioteca di cultura moderna - Bari - 1972, 1973, 1975 - 190 pages
PRESENTATION
The Volume provides an organic synthesis of the research and studies undertaken since 1962 on this theme, together with an endeavour to analyse the function of sociology of law. The Author underlines the notable contributions rendered to date towards the aims of the study and the goal that has been attained of appreciating in depth the problems inherent in the law and the administration of justice at a moment of conflict and crisis within the judicial apparatus, and the function of sociological research.
The work shows how researches undertaken with scientific rigour and broad flexibility may provide an effective means of prompting reforms. The Author also indicates how sociology of law has provided a valid contribution, insofar as it is a descriptive science, to the progression from juridical formalism to the social reality of the judicial function: the role of legal practitioner then emerges primarily as a constant confrontation between the juridical and the social system.
CONTENTS
Studies on justice in Italy - The functional problem: The organizational and the economic-social aspect - The professional ideology of the judiciary: Attitudes of judges towards the profession and towards society - The tensions and conflicts within the judicial administration - The political-social ideology of court decisions: Attitudes of the public towards justice: The citizen and justice - The image of the judge in mass culture - The debate on the crisis of justice - Sociological studies and juridical studies - Sociology of law and sociological jurisprudence - For a research on judges and Italian society - The interpretation of laws: From idealism to sociology - The revolt against formalism - Interpretation of laws and idealistic thought - Juridical experience and philosophy of culture - The limits of idealism and sociology of law - The forerunners of sociology of law in Italy: Evolutionistic positivism and sociology of law - Idealism, conceptualism and aversion towards sociology of law - The re-birth of sociology and of sociology of law in the post-War period.
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