Au nom de l ordre
Au nom de l'ordre étudie en son détail le code pénal de 1791, premier code promulgué en France et verso de la Déclaration des droits de l'homme : l'une des réalisations majeures de l'Assemblée constituante. Le code pénal napoléonien de 1810, passé au crible, n'apparaît que comme une réforme d'ordre technique de ce premier ensemble législatif. Alors qu'aujourd'hui semble s'imposer une conception individualiste du droit pénal, centré sur la défense des personnes et des biens, ce livre met en évidence le caractère fondamentalement collectif des lois révolutionnaires et napoléoniennes, orientées vers la défense des institutions publiques. La plupart des grandes questions du droit pénal, qui souvent prennent un tour passionnel, sont ici analysées, notamment le premier grand débat public sur la peine de mort, la prison, les travaux forcés, les rapports du droit avec le politique. En retraçant l'histoire politique du code pénal, ce livre prend place et position dans les débats récurrents sur sa difficile réforme.
Pederasts and Others
Examine how a community of support in Nineteenth-Century Paris became a blueprint for modern sexual identity! A unique social history, Pederasts and Others: Urban Culture and Sexual Identity in Nineteenth-Century Paris is a valuable addition to the growing field of gay and lesbian studies. The book examines the interaction between the city's male homosexual subculture and Parisian authority figures who attempted to maintain political and social order during the early years of the French Third Republic by using laws against public indecency and sexual assault to treat same-sex sexuality as a crime. Faced with a constant cycle of surveillance, harassment, and arrest, the city's gay men survived the hostile urban environment by forming a community of support that had a widespread and lasting influence on the development of modern sexual identities. Pederasts and Others: Urban Culture and Sexual Identity in Nineteenth-Century Paris is based on a statistical analysis of more than 800 working-class and middle-class men who were arrested or investigated by Parisian police between 1873 and 1879. Their stories, presented through long and short case studies, represent nearly 2,000 names recorded by police in “Pederasts and Others,” a ledger detailing the arrests of male homosexuals for public offenses against decency and other minor offenses. (The term “pederast” identified those suspected of same-sex sexual activity, not the modern definition that indicates homosexual relations with a minor.) The ledger entries reveal specific habits, attitudes, values, and characteristics about these men that set them apart—the same traits that identified them as part of a community based on their behavior and relationships. Pederasts and Others: Urban Culture and Sexual Identity in Nineteenth-Century Paris examines: the forces of authority the laws regarding same-sex sexual behavior the role of the police the role of the magistrates the role of the doctors the common characteristics of the city's male homosexual subculture the sexual behaviors of the Paris underground the geography of the subculture and takes an expanded look at three case studies: “A Decadent Aristocrat and A Delinquent Boy” “Pederasts, Prostitutes, and Pickpockets” “Love and Death in Gay Paris” Pederasts and Others: Urban Culture and Sexual Identity in Nineteenth-Century Paris also includes tables, appendices, and maps linked to statistical data. The book is an essential resource for historians, sociologists, sexologists, criminologists, and other scholars working in the fields of gay and lesbian studies, urban studies, social and cultural history, and French history.
Crime and the Fascist State 1850 1940
By studying the development of Italy's penal system, Pires Marques provides valuable insights into the wider political culture of European society. Focusing on the rise of fascism in Spain and Portugal as well as Italy, he examines the role of religious, economic and political factors in the making of penal laws.
Homosexuality in Modern France
This volume explores the realities and representations of same-sex sexuality in France in the eighteenth, nineteenth, and twentieth centuries, the period that witnessed the emergence of "homosexuality" in the modern sense of the word. Based on archival research and textual analysis, the articles examine the development of homosexual subcultures and illustrate the ways in which philosophes, pamphleteers, police, novelists, scientists, and politicians conceptualized same-sex relations and connected them with more general concerns about order and disorder. The contributors--Elizabeth Colwill, Michael David Sibalis, Victoria Thompson, William Peniston, Vernon Rosario II, Francesca Canade-Sautman, Martha Hanna, Robert A. Nye, and the editors Bryant T. Ragan, Jr. and Jeffrey Merrick--use the methods of intellectual and cultural history, the history of science, literary studies, legal and social history, and microhistory to outline the development and evolution of homosexual patterns of repression and liberation . This collection shows how the subject of homosexuality is related to important topics in French history: the Enlightenment, the revolutionary tradition, social discipline, positivism, elite and popular culture, nationalism, feminism, and the construction of identity. Given the role of gays and lesbians in modern French culture and the work of French scholars on the history of sexuality, this collection fills an important gap in the literature and represents the first attempt in any language to explore this subject over three centuries from a variety of perspectives.
Through the Keyhole
In 1857, a group of young people who had participated in an orgy in a private mansion was sentenced for contempt of public decency (outrage public a la pudeur) because a curious voyeur was able to watch them from the outside through a keyhole. In 1893, students who organised the Quat'z'Arts ball declared a 'war of the nude' against the courts by demanding that certain forms of public nudity be considered chaste. In the 1960s, a passionate debate ensued on whether women bathing topless on French beaches constituted indecent exposure. For Marcela Iacub, the crux of each of these debates hinges on where the public ends and the private begins, and what one can reveal and what one ought to hide. Through an analysis that blends the law, architecture, literature and psychiatry, this book tells the story of public decency. We discover how the law has long exerted control over sexuality by distributing the visible world between illegal and legal domains with regard to certain behaviours, thus transforming real spaces into institutional and political spaces. Today, the term pudeur has disappeared from the French penal code to be replaced by Sex. But, far from being an epic story of hard-won freedom, Iacub demonstrates that the transformation techniques used by the State in the last two centuries have rendered sexuality into a spectacle and have conditioned our spaces, our clothes, our comportment and even some of our mental illnesses. In so doing, Iacub offers us a politico-legal history of the gaze. "
Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.
The Terror of Natural Right
"Natural right - the idea that there is a collection of laws and rights based not on custom or belief but that are "natural" in origin - is typically associated with liberal politics and freedom. But during the French Revolution, this tradition was interpreted to justify the most repressive actions of the violent period known as the Terror." "In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the "enemy of the human race" - an individual who has transgressed the laws of nature and must be executed without judicial formalities - to authorize three-quarters of the deaths during the Terror. But the significance of the natural right did not end with its legal application. Edelstein argues that the Jacobins shared a political philosophy that he calls "natural republicanism," which assumed the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he argues that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis's trial until the fall of Robespierre"--
Pieter Spierenburg A été écrit sous une forme ou une autre pendant la plus grande partie de sa vie. Vous pouvez trouver autant d'inspiration de Violences Aussi informatif et amusant. Cliquez sur le bouton TÉLÉCHARGER ou Lire en ligne pour obtenir gratuitement le livre de titre $ gratuitement.
Towards a Truly Common Law
As we move towards a more global legal community, often with accompanying injustice and violence, Mireille Delmas-Marty demonstrates that there is an urgent need to reconstruct the national and international legal landscapes. Legal reasoning can be applied to concepts such as human rights for European citizens in the new world order. In this book the author argues for a rule of law that is common in every sense of the word: accessible to all rather than reserved exclusively for officials, common to the various legal sectors despite increasing specialization, and common to diverse States. The book will be of interest to all comparative European lawyers, and to social scientists and legal theorists grappling with contemporary issues in legal pluralism and globalization.
The Oxford Handbook of the French Revolution
The Oxford Handbook of the French Revolution brings together a sweeping range of expert and innovative contributions to offer engaging and thought-provoking insights into the history and historiography of this epochal event. Each chapter presents the foremost summations of academic thinking on key topics, along with stimulating and provocative interpretations and suggestions for future research directions. Placing core dimensions of the history of the French Revolution in their transnational and global contexts, the contributors demonstrate that revolutionary times demand close analysis of sometimes tiny groups of key political actors - whether the king and his ministers or the besieged leaders of the Jacobin republic - and attention to the deeply local politics of both rural and urban populations. Identities of class, gender and ethnicity are interrogated, but so too are conceptions and practices linked to citizenship, community, order, security, and freedom: each in their way just as central to revolutionary experiences, and equally amenable to critical analysis and reflection. This volume covers the structural and political contexts that build up to give new views on the classic question of the 'origins of revolution'; the different dimensions of personal and social experience that illuminate the political moment of 1789 itself; the goals and dilemmas of the period of constitutional monarchy; the processes of destabilisation and ongoing conflict that ended that experiment; the key issues surrounding the emergence and experience of 'terror'; and the short- and long-term legacies, for both good and ill, of the revolutionary trauma - for France, and for global politics.