The reception of positivism in Spain : Pedro Dorado Montero / José Franco-Chasán.
Franco-Chasán, José, author.
2023
KKT3800
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Title The reception of positivism in Spain : Pedro Dorado Montero / José Franco-Chasán.
Author Franco-Chasán, José, author.
ISBN 9783031464355 (electronic bk.)
3031464354 (electronic bk.)
9783031464348
3031464346
DOI https://doi.org/10.1007/978-3-031-46435-5
Published Cham : Springer, 2023.
Language English
Description 1 online resource (x, 226 pages)
Other Standard Identifiers 10.1007/978-3-031-46435-5 doi
Call Number KKT3800
Dewey Decimal Classification 345.46001
Summary Pedro Dorado Montero was one of Spain’s most relevant authors. He contributed to modern Criminal law and Penology with a very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Montero's proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries. In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed. Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the 'eclectic' label which traditional historiography has applied to him. In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind’s imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a "Doradian positivism" is explored. Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked -- even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerLink, viewed December 4, 2023).
Series Studies in the history of law and justice ; v. 28. 2198-9850
Available in Other Form Print version: 9783031464348
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1 Introduction
2 Contextualising Dorado Montero
3 Historical Background
4 Dorado Montero's Foreign Influences
5 Dorado Montero's Criminal Doctrine : The Protective Law of the Criminals
6 Locating Dorado Montero in Spanish Doctrine
7 Conclusions.

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