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Author: James M. Donovan Publisher: Univ of North Carolina Press ISBN: 0807895776 Category : Law Languages : en Pages : 273
Book Description
James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.
Author: James M. Donovan Publisher: Univ of North Carolina Press ISBN: 0807895776 Category : Law Languages : en Pages : 273
Book Description
James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.
Author: James Michael Donovan Publisher: Univ of North Carolina Press ISBN: 0807833630 Category : Law Languages : en Pages : 274
Book Description
James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that t
Author: Michele Pifferi Publisher: Routledge ISBN: 1000476294 Category : History Languages : en Pages : 302
Book Description
The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.
Author: Mette Harder Publisher: Bloomsbury Publishing ISBN: 1350077321 Category : History Languages : en Pages : 425
Book Description
The French Revolution brought momentous political, social, and cultural change. Life in Revolutionary France asks how these changes affected everyday lives, in urban and rural areas, and on an international scale. An international cast of distinguished academics and emerging scholars present new research on how people experienced and survived the revolutionary decade, with a particular focus on individual and collective agency as discovered through the archival record, material culture, and the history of emotions. It combines innovative work with student-friendly essays to offer fresh perspectives on topics such as: * Political identities and activism * Gender, race, and sexuality * Transatlantic responses to war and revolution * Local and workplace surveillance and transparency * Prison communities and culture * Food, health, and radical medicine * Revolutionary childhoods With an easy-to-navigate, three-part structure, illustrations and primary source excerpts, Life in Revolutionary France is the essential text for approaching the experiences of those who lived through one of the most turbulent times in world history.
Author: Susan A. Ashley Publisher: Bloomsbury Publishing ISBN: 1350013404 Category : History Languages : en Pages : 313
Book Description
As the 19th century drew to a close, France and Italy experienced an explosion of crime, vagrancy, insanity, neurosis and sexual deviance. “Misfits” in Fin-de-Siècle France and Italy examines how the raft of self-appointed experts that subsequently emerged tried to explain this aberrant behavior and the many consequences this had. Susan A. Ashley considers why these different phenomena were understood to be interchangeable versions of the same inborn defects. The book looks at why specialists in newly-minted disciplines in medicine and the social sciences, such as criminology, neurology and sexology, all claimed that biological flaws – some inherited and some arising from illness or trauma – made it impossible for these 'misfits' to adapt to modern life. Ashley then goes on to analyse the solutions these specialists proposed, often distinguishing between born deviants who belonged in asylums or prisons and 'accidental misfits' who deserved solidarity and social support through changes to laws relating to issues like poverty and unemployment. The study draws on a comprehensive examination of contemporary texts and features the work of leading authorities like Cesare Lombroso, Jean-Martin Charcot, and Théodule Ribot, as well as investigators less known now but influential at the time. The comparative aspect also interestingly shows that experts collaborated closely across national and disciplinary borders, employed similar methods and arrived at common conclusions. This is a valuable study for all social and cultural historians of France and Italy and anyone interested in knowing more about the history of medicine in modern Europe.
Author: Sara E. Black Publisher: McGill-Queen's Press - MQUP ISBN: 022801252X Category : History Languages : en Pages : 253
Book Description
In the nineteenth century, drug consumption permeated French society to produce a new norm: the chemical enhancement of modern life. French citizens empowered themselves by seeking pharmaceutical relief for their suffering and engaging in self-medication. Doctors and pharmacists, meanwhile, fashioned themselves as gatekeepers to these potent drugs, claiming that their expertise could shield the public from accidental harm. Despite these efforts, the unanticipated phenomenon of addiction laid bare both the embodied nature of the modern self and the inherent instability of the notions of individual free will and responsibility. Drugging France explores the history of mind-altering drugs in medical practice between 1840 and 1920, highlighting the intricate medical histories of opium, morphine, ether, chloroform, cocaine, and hashish. While most drug histories focus on how drugs became regulated and criminalized as dangerous addictive substances, Sara Black instead traces the spread of these drugs through French society, demonstrating how new therapeutic norms and practices of drug consumption transformed the lives of French citizens as they came to expect and even demand pharmaceutical solutions to their pain. Through self-experimentation, doctors developed new knowledge about these drugs, transforming exotic botanical substances and unpredictable chemicals into reliable pharmaceutical commodities that would act on the mind and body to modify pain, sensation, and consciousness. From the pharmacy counter to the boudoir, from the courtroom to the operating theatre, from the battlefield to the birthing chamber, Drugging France explores how everyday encounters with drugs reconfigured how people experienced their own minds and bodies.
Author: Rebecca K. Helm Publisher: Oxford University Press ISBN: 0192671669 Category : Law Languages : en Pages : 241
Book Description
The majority of common law jurisdictions, and some civil law jurisdictions, use juries composed of citizens drawn from the general population to deliberate and reach collective verdicts in criminal cases. Juries are relied on to use their collective judgment to reach verdicts that accord with normative legal goals; for example, by being accurate and fair. How Juries Worksuggests that, though important symbolically, the current jury system is not necessarily well designed to meet the demands of modern society, which increasingly requires evidence-based procedure that is carefully designed to achieve normative goals. Rebecca K. Helm proposes new models of how jurors and juries function in practice, informed by psychological theory and empirical research, which provide a framework to interpret and integrate the large body of existing work on jury decision-making. Drawing on this framework, Helm highlights the deficiencies and strengths of the jury as a legal fact-finder, providing key insights into how to minimize deficiencies and maximize strengths through trial procedure. The book concludes with a set of timely evidence-based suggestions as to how procedure surrounding trial by jury might be altered to enhance the administration of justice in the many jurisdictions where the criminal law jury is utilized. How Juries Workintegrates legal and psychological theory and research to present a comprehensive assessment of the modern criminal law jury, and of how evidence-based research can improve jury performance.
Author: Todd Shepard Publisher: University of Chicago Press ISBN: 022679038X Category : History Languages : en Pages : 326
Book Description
The aftermath of Algeria’s revolutionary war for independence coincided with the sexual revolution in France, and in this book Todd Shepard argues that these two movements are inextricably linked. Sex, France, and Arab Men is a history of how and why—from the upheavals of French Algeria in 1962 through the 1970s—highly sexualized claims about Arabs were omnipresent in important public French discussions, both those that dealt with sex and those that spoke of Arabs. Shepard explores how the so-called sexual revolution took shape in a France profoundly influenced by the ongoing effects of the Algerian revolution. Shepard’s analysis of both events alongside one another provides a frame that renders visible the ways that the fight for sexual liberation, usually explained as an American and European invention, developed out of the worldwide anticolonial movement of the mid-twentieth century.
Author: David Andress Publisher: Taylor & Francis ISBN: 100382398X Category : History Languages : en Pages : 832
Book Description
Aimed firmly at the student reader, this handbook offers an overview of the full range of the history of France, from the origins of the concept of post-Roman "Francia," through the emergence of a consolidated French monarchy and the development of both nation-state and global empire into the modern era, forward to the current complexities of a modern republic integrated into the European Union and struggling with the global legacies of its past. Short, incisive contributions by a wide range of expert scholars offer both a spine of chronological overviews and a diverse spectrum of up-to-date insights into areas of key interest to historians today. From the ravages of the Vikings to the role of gastronomy in the definition of French culture, from Caribbean slavery to the place of Algerians in present-day France, from the role of French queens in medieval diplomacy to the youth-culture explosion of the 1960s and the explosions of France’s nuclear weapons program, this handbook provides accessible summaries and selected further reading to explore any and all of these issues further, in the classroom and beyond.
Author: James M. Donovan
Author: James M. Donovan
Author: James Michael Donovan
Author: Michele Pifferi
Author: Mette Harder
Author: Susan A. Ashley
Author: E. Claire Cage
Author: Sara E. Black
Author: Rebecca K. Helm
Author: Todd Shepard
Author: David Andress