Abstract
ABSTRACT Acclaimed for its progressive approach, the Zanardelli code of 1889 eliminated the death penalty, legalized strikes, and referenced reformation over retribution with regard to criminals. Paradoxically, however, Zanardelli’s code also ‘liberalized’ the parameters of ‘honour killing’ or delitto d’onore which allowed greatly reduced penalties for those who killed (primarily) female family members surprised in flagrant adultery or intercourse. Despite the Italian elites’ constant concern for law and order, the new code went further than pre-unitary laws, and with its adoption a woman could murder her spouse with equal ‘right’ as her husband, while fathers, mothers, sisters, brothers, and even grandparents could likewise kill wayward female relatives with an expectation of extremely tolerant sentencing. The article explains this apparent paradox by stressing the importance of individual and family honour to Italian legislators as the moral and social cornerstone of their recently created country; a mindset also evident in their penchant for duelling.
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