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The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume ...
This provocative book stands the Sixties' Liberation on its head, taking an inventory of its unintended side-effects. No, liberty has not made us happy.
The Abolition of Prison provides a reflection from a longtime prison abolitionist, psychoanalyst, and former prisoner on the history, theory, and practice of anti-prison activism in France and globally over the last fifty years. This book powerfully makes the case for the end of prisons, punishment, and guilt and, instead, suggests we work towards social change, care, collectivity. The book weaves together Lesage de La Haye’s own experiences—in prison, as a psychiatrist, and as a social theorist—with the simple argument that, if we take the reasons for prison and punishment at their word, we must evaluate the system as a complete failure. So then why continue to support it and funnel money into it?
60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.
In October 2005, three weeks of rioting erupted in France following the accidental deaths of two French boys of North African ancestry. Killed while fleeing the police, these boys were deemed dangerous based largely on their immigrant origins. In France, disadvantaged children of immigrant and foreign ancestry represent the vast majority of formal suspects and have increasingly been portrayed as a threat to public safety and as the embodiment of the assault on French values. Despite official rhetoric of protection, Judging Mohammed reveals how the treatment of these children in the juvenile courts system undermines legal guarantees of equality and due process and reinforces existing hierarchies. Based on five years of extensive research in the largest and most influential juvenile court in France, this work follows young people inside the system, from arrest to court trials. Revealing an alarming turn toward accountability, restitution, and retribution, this groundbreaking study uncovers the disquieting reasons behind France's shifting approaches to the identification, treatment, and representation of its delinquent youth.
This book was shortlisted for the R.H. Gapper prize 2011. On 8 February 1937 the 23-year-old Albert Camus gave an inaugural lecture for a new Maison de la culture, or community arts centre, in Algiers. Entitled 'La nouvelle culture méditerranéenne' ('The New Mediterranean Culture'), Camus's lecture has been interpreted in radically different ways: while some critics have dismissed it as an incoherent piece of juvenilia, others see it as key to understanding his future development as a thinker, whether as the first expression of his so-called 'Mediterranean humanism' or as an early indication of what is seen as his essentially colonial mentality. These various interpretations are based on r...
In the first decade of a new century, this collection of bilingual essays examines Camus’s continuing popularity for a new generation of readers. In crucial respects, the world Camus knew has changed beyond all recognition: decolonization, the fall of the Iron Curtain, a new era of globalization and the rise of new forms of terrorism have all provoked a reconsideration of Camus’s writings. If the Absurd once struck a particular chord, Meursault is as likely now to be seen as a colonial figure who expresses the alienation of the settler from the land of his birth. Yet this increasing orthodoxy must also take account of the reasons why a new community of Algerian readers have embraced Camus. Equally, once isolated because of his anti-Communist stance, Camus has been taken up by disaffected members of the Left, convinced that new forms of totalitarianism are abroad in the world. This volume, which ranges from interpretations of Camus’s literary works, his journalism and his political writings, will be of interest to all those seeking to re-evaluate Camus’s work in the light of ethical and political issues that are of continuing relevance today.
This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes, including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of highprofile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in comparative law, criminology and psychology.
The first contemporary overview of the critiques of human rights in Western political thought, from the French Revolution to the present day.