Psychologues à la Protection Judiciaire de la Jeunesse (Questions Contemporaines) (French Edition)
However, for a certain category of incorrigible offender, he argued, there was no alternative but permanent sequestration, transportation or death penalty. However, he also has an important place in our story. The criminal, he argued, did not bear the marks of primitive Man, but rather carried with him the signs of the profession to which he belonged, since each occupation, he reasoned, possessed its own distinctive slang, tattoos and moral code or lack of one.
His later falling-out with Durkheim concerned above all how crime should be defined and more generally how society should be conceived. For Tarde, on the other hand, crime was by definition abnormal , indicating that particular delinquent individuals were unable to adapt to the shared rules of society. The difficulty of course was how to reconcile these two principles. We can state, without fear of exaggeration, that it is possible to find in the Archives a trace of every major court case which has come to light during the past quarter century. It constitutes a veritable goldmine of information for the researcher of the future.
The first of the two sections contained mainly articles on the subject of forensic medicine, its techniques and how it could be used as an aid to criminal identification. As far as the latter was concerned, under this heading could also be found theoretical articles on Criminal Law, discussions of criminal responsibility, studies of individual prisons, comparative analyses of criminal justice legislation, together with articles on sentencing, criminalistics ballistics, anthropometry, etc.
Every aspect of this new science was covered in the journal; all concerned, in various ways, to identify the springs of criminal behaviour, whether they be physical, social, moral or biological. In this section can be found reports on conferences, book reviews, summaries of foreign journals, reports on the latest scientific discoveries and court cases, and information on recently-defended doctoral dissertations.
It is here too that we find opinions expressed in the most forthright fashion, often echoing the controversies being played out in the seminar rooms of the various international congresses on criminal anthropology referred to earlier. In this respect, the journal reached the objective given it by its creators of providing a forum for free-ranging discussion and exchange. The Milieu Social School, as it would come to be known, would dominate the field of criminal anthropology in France for half a century.
Let us consider those two aspects in turn. Of that number, as many as published only once in the Archives. For Martin, it would be forensic medicine and for Locard, criminalistics. If the Archives are to be considered the organ of a criminological school of thought, it is problematic to say the least that only a relatively small proportion of its articles were penned by authors who unequivocally belonged to that school.
One of the clues to this enigma derives from the fact that the French school straddled two criminological perspectives with radically different assumptions and methodologies. The first had its roots in the fields of forensic science, psychiatry and anthropology as practiced in the first half of the nineteenth century; what today might be termed a bio-psychological approach to crime. This school of criminology seeks to establish the differences between the mental and physical characteristics of the criminal population and those of the law-abiding majority.
The second strand of the Milieu Social School drew on the Durkheimian sociological paradigm of the s, and considered as irrelevant any data relating to the biological traits of an individual. The criminology of Alexandre Lacassagne combined elements from both of these models. Part medicine, part sociology, his theories were one of the last expressions of naturalism in the social sciences. Ambiguity was thus at the heart of the French school. In , its last year of publication, the Archives launched a new section, devoted specifically to forensic science.
The new section was the brainchild of Edmond Locard , a regular contributor to the journal during the previous decade, and future head of the forensic science division of the Lyons police. The Annales would remain a medical journal through and through. Less than fifty years after the launch of the journal, however, it is possible to observe a reversal of this trend.
Criminal anthropology in France returned to the scientific fold from which it had originally emerged; reduced effectively to the status of a sub-title in a Paris-based medical journal. It was the end of an era.
It was now up to criminology to step in to take on the mantle and the ambitions of the criminal anthropologists. Research on crime and the criminal would henceforth be carried out in France in other contexts, and in other journals. Penal reform was in the air. A second project in to re-write the French penal code would not ultimately prove any more successful despite eight years having been devoted to its elaboration , but by this period the criminological context was radically different.
The polemical debates of the s had been replaced by a spirit of pragmatic collaboration between jurists and the medical profession. Significantly, one of the results of a series of reforms in penal policy in this period was a greater role for the psychiatric profession in prison. Part of the reason for this rapprochement was the fizzling out of the once heated arguments about the born criminal type.
More important, however, was the growing influence of the concept of prophylaxie criminelle in French criminological circles. It is thus possible to detect a certain consensus emerging in these years; a common approach to crime and the criminal. Criminal aetiology was conceived in terms of a combination of individual and social factors; part nature, part nurture. Men were thus not considered equal either before or after committing a crime. Offenders had to be given the appropriate punishment, in terms of their antecedents as well as their crime. A new kind of criminal justice policy was emerging in Europe in this period, built on these foundations; supported by the International Association of Penal Law, as well as a range of other learned societies and scientific bodies.
What this meant in practice was that forensic psychiatry was given a key diagnostic and therapeutic role in the protection of society from crime. The plan to reform the French penal code needs to be situated in a broader international context. In its final version, it was an attempt to put into practice the principles of the new eclectic school of criminology just described.
As a result, the criminological debates and the inter-personal networks of this period, both political and scientific, remain largely unexplored. This is a pity, for the rapprochement between Medicine and Criminal Justice in the inter-war period was a crucial development. The debate about the born criminal had faded into the background, and indeed by this period was perceived as belonging an earlier, pre-scientific era.
In its place were discussions about subjects like the clinical diagnosis of sexual offenders and the potential for psychoanalysis to contribute to forensic medicine. Some medical specialists saw the new importance given to their clinical expertise in the criminal justice system as the signpost to an exciting future in which legislation would give doctors a leading role in the creation of a new biocratic society.
Some jurists concurred, at least with the first part of this equation, considering expert medical opinion as the necessary accompaniment of tailor-made penal solutions for offenders, seen as the only effective way of combating recidivism. Although they approached the subject from very different perspectives, there was thus a great deal of common ground between the various professional groups active in the criminal justice arena in this period.
In fact, during the period of the Vichy regime whose reforms in the criminal justice field deserve further study , and later, after the return of peace in , that cooperation between the Law and Medicine would continue. But that is a story for another day. The Birth of the Modern Prison , trans.
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Penguin, [], p. Nye, Crime, madness and politics in modern France. Vold et Thomas J. Sutherland, Principles of Criminology , Philadelphie, J. Wetzell , Inventing the Criminal. A history of German Criminology. Van Laun, 2 nd edition, vol. La revue et ses hommes, Online since 30 June , connection on 18 December Criminocorpus Revue d'Histoire de la justice, des crimes et des peines. Contents - Previous document. La revue et ses hommes. In Search of a History. Science and politics in the fight against crime. Dufrenoy fut magistrat colonial, puis avocat. Soulignant les contradictions de ses adversaires, il ajoute: La colonisation est un fait de puissance.
Et, pour illustrer son propos, il rappelle ce que tous ses contemporains savaient: Histoire du suffrage universel en France , Paris, Gallimard, , p. Droit colonial , Bruxelles, E. Runner est polytechnicien et docteur en droit. Les objectifs de Viollette sont limpides: Sur ces questions, cf. Rosanvallon , Le Sacre du citoyen , op. Jennings , Vichy sous les tropiques , Paris, Grasset, Piepers, confirme la permanence de cette organisation. Dans les possessions allemandes enfin, des dispositions voisines sont en vigueur. En rien, nous le savons maintenant.
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Sur ces sujets, cf. Piron , Codes et lois du Congo belge , op. Rajsfus, Paris, Les Nuits rouges, , p. Sur cet homme politique trop peu connu, cf. Alain, Gide et R. Braeckman, Paris, Les Nuits rouges, , p. La terre qui ment.
La terre qui tue , op. Ils le nourrissent, et soignent leur cheval.
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Nous sommes, pour eux, moins que ces animaux, nous sommes plus bas que les plus bas. Le Code noir espagnol , op. Strouvens , Codes et lois du Congo belge , op. Aubert, Paris, Les Nuits rouges, , p. Nous sommes […] chez un peuple vaincu et, en temps de paix comme en temps de guerre, les faits nous le rappellent. Carnets de route , op. On y lit en effet ceci: Pierre-Bloch fut journaliste et ministre du Gouvernement provisoire. Double peine encore et toujours.
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Le Cour Grandmaison , Coloniser. Des dispositions voisines existent au Congo belge. Fanon , Peau noire, masques blancs , Paris, Seuil, , p. Peschanski , La France des camps. Vaine promesse et vrai mensonge, nous le verrons. Le Cour Grandmaison , G. Sangatte, Lampedusa, Guantanamo… , Paris, Autrement, , p.
Rapport , p. Doumergue , et E. Et, pour illustrer son propos, il ajoute: Meynier , Le FLN. Documents et histoire , Paris, Fayard, , p. En , constate C. Arendt , Les Origines du totalitarisme , op. Les Lois organiques des colonies , op. Et, pour justifier ces mesures, Fidel conclut: Bourguiba , Le Destour et la France.
Notes et documents depuis la chute de la dictature Peyrouton , Paris, Imprimerie commerciale, , p. Il est interdit de traiter aucune question politique Challaye , Souvenirs sur la colonisation , op. Langevin, Alain et M. Casati constatent eux aussi: Ruscio, Paris, Le Temps des cerises, , p. En , Georges Deherme, qui cite ce texte, ajoute ce commentaire remarquable: La Revue des Deux Mondes.
Sala-Molins , Le Code noir ou le calvaire de Canaan , op. Harmand en , Domination et Colonisation , op. Point de trouble donc, ni sur le plan juridique, ni sur le plan politique, ni sur le plan moral. Dure doxa de ces temps? Il y en avait donc? Le chef les abrite, les nourrit. Il leur donne une femme ou deux. Les couples feront des petits ouolosos. Beaucoup ne partirent que pour soigner, pour enseigner. Je veux leur dire: Souvenirs sur la colonisation , op.