Inciting Military Disaffection in Interwar Britain and Fascist Italy: Security, Crime and Authoritarian Law

Abstract

During the interwar period two apparently different states, liberal democratic Britain and Fascist Italy, passed similar legislation establishing inchoate offences against military loyalty and obedience. These laws, the Incitement to Disaffection Act 1934 and Article 266 of the 1930 Italian Penal Code, were intended to protect state security and the monopoly of force against political threats. This article compares these laws’ scope, rationales and purposes and traces their longer-term origins in the consolidation of the modern state. It argues that this comparative historical analysis evidences important intersections in these systems’ uses of criminal law, and provides insights into the forms and extent of authoritarian tendencies and techniques in states’ legal practices, specifically in the security context and more generally within criminal law as a vector of state power across the political spectrum.