Dissertations / Theses on the topic 'Criminal law – Scotland – History'
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1
McLaughlin, Patrick M. "Responding to drunkenness in Scottish Society : a socio-historical study of responses to alcohol problems." Thesis, University of Stirling, 1989. http://hdl.handle.net/1893/1912.
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This thesis explores the nature of responses to problems associated with drinking and drunkenness. The aim is to consider how perceptions and responses to the issue have changed over time, and, crucially, to analyze the implications of the resulting evidence for policy and practice. There are two interdependent issues which the thesis seeks to expose and debate. First there is the process of emergence, the historical development of alcohol abuse as a social problem. It is possible to see in the historical record the continuities and (just as importantly) the discontinuities of responses to drinking behaviour from the Industrial Revolution to the present day. it is important to realise that some important aspects of contemporary explanations of problem drinking are in fact 'hangovers' from an earlier tradition and, in particular, from the Temperance response to alcohol problems. Ultimately, however, this is a thesis about the practice of managing contemporary alcohol related problems. It is about how the modern institutional network of criminal justice, medical, and social welfare agencies perceive and respond to problem drinking in Scotland. How do police officers, procurators fiscal, magistrates, doctors, and social workers view problem drinking? How do they respond to the problem drinker? The thesis then is about attempts to control, treat, and/or rehabilitate deviant drinkers, but it is also about the attitudes, perceptions, and experiences of the individuals whose job it is to realise policy as practice. In as much as it is based on the belief that in order to understand the modern system of management of the problem, it is necessary to understand how 'alcoholism' came to be defined as a social problem in the first place, the analysis is informed by perspectives and concepts that have been developed in the sociology of social problems. Chapter I considers the main features of this analytical framework and outlines the structure of the thesis.
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Hay, M. A. "The criminal law of private defence in England, Scotland and France." Thesis, University of Edinburgh, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234104.
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Adamson, David J. "Insanity, idiocy and responsibility : criminal defences in northern England and southern Scotland, 1660-1830." Thesis, University of St Andrews, 2005. http://hdl.handle.net/10023/14462.
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This thesis compares criminal defences of insanity and idiocy between 1660 and 1830 in northern England and southern Scotland, regions which have been neglected by the historiographies of British crime and "insanity defences". It is explained how and why English and Scottish theoretical principles differed or converged. In practice, however, courtroom participants could obtain to alternative conceptions of accountability and mental distraction. Quantitative and qualitative analyses are employed to reveal contemporary conceptions of mental afflictions and criminal responsibility, which provide inverse reflections of "normal" behaviour, speech and appearance. It is argued that the judiciary did not dictate the evaluation of prisoners' mental capacities at the circuit courts, as some historians have contended. Legal processes were determined by subtle, yet complex, interactions between "decision-makers". Jurors could reach conclusions independent from judicial coercion. Before 1830, verdicts of insanity could represent discord between bench and jury, rather than the concord emphasised by some scholars. The activities of counsel, testifiers and prisoners also impinged upon the assessment of a prisoner's mental condition and restricted the bench's dominance. Despite important evidentiary evolutions, the courtroom authentication of insanity and idiocy was not dominated by Britain's evolving medical professions (including "psychiatrists") before 1830. Lay, communal understandings of mental afflictions and criminal responsibility continued to inform and underpin the assessment of a prisoner's mental condition. Such decisions were affected by social dynamics, such as the social and economic status, gender, age and legal experience of key courtroom participants. Verdicts of insanity and the development of Britain's legal practices could both be shaped by micro- and macro-political considerations. This thesis opens new avenues of research for British "insanity defences", whilst offering comparisons to contemporary Continental legal procedures.
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Pollard, Dorette. "Fresh evidence in Canadian criminal law: 1910--2010." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28814.
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In the last four decades, there has been a dramatic increase in the number of fresh evidence cases before Canadian criminal law appellate courts. Yet when it was first introduced at the turn of the last century, this rule of evidence was meant to be an exception to the principle of the finality of judgments, to be used only on those rare occasions when a miscarriage of justice had occurred. It was intended to prevent the innocent from going to jailor worse, from perishing on the gallows. Historically, fresh evidence was used but rarely prior to 1970. However, starting in the mid 1970s these applications have grown significantly, exploding after the early 1980s.
Based on an analysis of an initial database of 2116 fresh evidence matters, the thesis examines the possible reasons for this phenomenon and concludes that there is a direct correlation between the rise in the number of fresh evidence cases after 1970 and the advances in science, including the use of new evidence, such as DNA and expert forensic evidence in criminal law cases. But if the advances in science have made a significant contribution to the growth of fresh evidence applications, it was the advent of the Canadian Charter of Rights and Freedoms that brought a sea change to Canadian criminal law fresh evidence jurisprudence. Through a theoretical framework constructed around the search for truth, rights and theories of fairness, the thesis traces the evolution of appellate adjudication in this area of law that from its origins was meant to be used but rarely in the interests of the administration of justice to prevent miscarriages of justice.
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Handler, Philip. "Forgery and criminal law reform in England, 1818-1830." Thesis, University of Cambridge, 2001. https://www.repository.cam.ac.uk/handle/1810/272333.
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Ford, John Davidson. "The rational discipline of law : a historical study of Stair's 'Institutions of the Law of Scotland'." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302941.
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Kennedy, Chloe Jane Sophia. "Criminal law and the Scottish moral tradition." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/17935.
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This thesis presents an account of the development of Scots criminal law which concentrates on the influence of the Scottish moral tradition, as epitomised by Calvinist theological doctrine and Scottish Enlightenment moral philosophy. It argues that there are several crucial but seldom-acknowledged points of similarity between the Calvinist aim of creating a holy community and key tenets of eighteenth century Scottish moral thought, which rest upon community-oriented conceptions of the nature of morality and society. Both these shared conceptions and the particular ways they are expressed in Calvinist creed and Enlightenment philosophy are shown to have had a bearing on the way that Scots criminal law changed over time. The areas in which this influence is demonstrated are: the scope and principles of the law, i.e. the type of conduct that was punishable and the arguments that were put forward to justify its prohibition; the attribution of criminal responsibility (and non-responsibility); and the importance of mental state. It is argued that in each of these discrete areas changing perspectives on the nature of morality and human agency had a palpable impact on both legal doctrine and practice. When these different areas of the law are viewed as a whole and in historical perspective, the formative force of the Scottish moral tradition becomes clear and its influence can be seen to have extended into the contemporary law. The thesis therefore provides an original interpretation of the history of Scots criminal law by considering its sources and institutions from hitherto unexplored theological and moral perspectives, whilst simultaneously enhancing scholarly appreciation of certain aspects of the contemporary law that appear unusually moralistic. It also makes a broader contribution to socio-historic scholarship and strengthens its position as a recognised and worthwhile discipline by illustrating, using a concrete legal system, how legal history can enhance debates within criminal law theory and vice versa.
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Garnham, Neal. "The courts, crime and the criminal law in Ireland, 1692 - 1760." Thesis, University of Ulster, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390059.
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Dickson, Tiphaine. "On the Poverty, Rise, and Demise of International Criminal Law." PDXScholar, 2016. http://pdxscholar.library.pdx.edu/open_access_etds/2707.
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This dissertation in four essays critically examines the emergence of international criminal courts: their international political underpinnings, context, and the impact of their political production in relation to liberal legalism, liberal political theory, and history. The essays conceive of international criminal legal bodies both as political projects at their inception and as institutions that deny their own political provenance. The work is primarily one of political theory at the intersection of history, international relations, international criminal law, and the politics of memory. The first essay questions Nuremberg's legacy on the United States' exceptionalist view of international law and its deviant practice, while the second essay explores the relationship between exploding inequality and the triumph of the human rights movement as well as the costs of international prosecutions to the detriment of transformative politics. The third essay explores the relationship between history and international criminal courts, as well as the limits of their engagement, while the fourth examines the idea of legalism - rule following as a moral ethos - in the context of real political trials.
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Douglas, Heather Anne. "Legal narratives of indigenous existence : crime, law and history /." Connect to thesis, 2005. http://eprints.unimelb.edu.au/archive/00001751.
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Awabdeh, Mohamed al. "History and prospect of Islamic criminal law with respect to the human rights." [S.l. : s.n.], 2005. http://deposit.ddb.de/cgi-bin/dokserv?idn=976510677.
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Awabdeh, Mohamed Al. "History and prospect of Islamic criminal law with respect to the human rights." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2005. http://dx.doi.org/10.18452/15294.
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Die wichtigste dieser Arbeit zugrunde liegende Frage ist, ob ein spezifisches muslimisches Strafrecht in den muslimischen Ländern noch angewendet werden kann. Gibt es eine Zukunft für die Sharia, und wenn ja, wie sieht diese aus? Welche Art des Strafrechts wird zurzeit und zukünftig benötigt, um ein ruhiges und beständiges Leben in islamischen Gesellschaften zu ermöglichen? Können diese Gesellschaften einen Gesetzeskodex anwenden, der den internationalen und inländischen Erwartungen im Sinne der grundlegenden Menschenrechte sowie den Prinzipien von Gerechtigkeit und Gleichheit vor dem Gesetz entspricht? Mit dieser vorliegende Recherche möchte ich wichtige Konzepte des Strafrechts erklären - nicht nur Nicht-Muslimen sondern auch Muslimen. Wir haben selbst auch das Bedürfnis zu erlernen, wie man mittels wissenschaftlicher Methoden und Logik das islamische Strafrecht erforschen und erfassen kann. Wir möchten zeigen, wie islamisches Strafrecht durch Studie und Analyse verstanden werden sollte. Die Auslegung des Gesetzes muss entsprechend dem Nutzen und im Interesse der Menschen geändert werden, weil Gott möchte, dass seine gesamte Schöpfung in Frieden, Gerechtigkeit und Respekt füreinander lebt. Die heutige islamische Welt ist streng in Modernismus und Fundamentalismus geteilt. Beide Denkweisen können in hohem Grade über ihr Verhältnis zum Westen definiert werden. Modernismus zieht in Betracht, was der Westen erzielt hat und verlangt eine Anpassung der eigenen Ideen, Werte und Bräuche. Die Modernisten befürworten eine ausgedehnte Deutung des Islams, um traditionelle islamische Lehren und Prinzipien harmonisch mit den Aspekten einer modernen, progressiven Gesellschaft co-existieren zu lassen. Fundamentalismus dagegen verlangt die Rückkehr zum angeblich ursprünglichsten Konzept des Islam, das westliche Errungenschaften und Konzepte zurückweist. Bereits zu Beginn des 20. Jahrhunderts stimmten liberale islamische Denker darin überein, dass es zwingend notwendig ist, die rechtlichen Grundlagen zu modernisieren ohne dabei jedoch islamische Beschränkungen völlig zu vernachlässigen.The big question underlying this work is whether a specific Muslim criminal law can still be applied in Muslim countries. Is there a future for the Sharia, and if yes, how will it look like? What type of criminal law is needed at present and in the future in order to provide for peaceful and stable Islamic societies that apply a law code that meets international and domestic expectations in view of basic human rights as well as general approaches towards justice and equality before the Law? Through this research I would like to explain some important points of criminal law not just for the non -Muslims but also for Muslims. We ourselves want to learn how to conduct research using scientific methods and logic in order to understand Islamic criminal law. We want to show how Islamic criminal law should be understood through study and analysis. The analysis of law must be changed according to the benefits and interests of the people because God wants to see all his creation living in good way, peacefully, with justice and respect for each others. The Islamic world of today is sharply divided between modernism and fundamentalism. Both streams of thought may be defined to a large extent by their relationship to the West. Modernism takes into account what the West has achieved and calls for an adaptation to one's own ideas, values and practices. They advocate a broad interpretation of Islam for harmonising the traditional Islamic teachings and principles with the needs of a modern, progressive society. Fundamentalism, on the other hand, implies a return to a supposedly original core Islamic concept that rejects Western achievements. By the beginning of the 20th century there was a consensus among liberal Islamic thinkers about the necessity to reform and to meet modern legal standards without totally abandoning Islamic restrictions.
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Simpson, Andrew Robert Craig. "Early modern studies of the Scottish legal past : tradition and authority in sixteenth century Scots law." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609474.
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McClure, Alastair. "Violence, sovereignty, and the making of criminal law in colonial India, 1857-1914." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/268185.
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This thesis explores the relationship between law, sovereignty and violence in colonial India in the period 1857-1914. From murder, to corporal punishment, to jubilee amnesty, this thesis highlights two gaps within the scholarship of nineteenth-century Indian legal and political history. Firstly, that histories of colonial law have been reluctant to provide a political analysis of the relationship between crime, sovereignty and identity in the everyday. Secondly, the much-noted shift in political discourse from East India Company to British Crown rule in histories of imperial political philosophy has left unexplained the relationship between liberalism, the codification of criminal law, and the production of colonial legal-political subjectivity. This lacuna in scholarship has resulted in the construction of a limited theoretical framework for understanding the underlying politics at play in the histories of crime, law, and punishment. Ultimately this work provides such framework, allowing the writing of law and the act of crime to be brought into histories of political philosophy and colonial sovereignty. As a revisionist history of colonial politics and law the thesis therefore breaks new ground in respect to our broader understandings of colonial sovereignty and politics, the practice of colonial law, and the constitution of the colonial state in India.
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Musson, Anthony Joseph. "Public order and law enforcement in England, 1294-1350 : the local administration of criminal justice." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/272579.
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Levy, McCanna Karen S. "Employer Perceptions When Applying Criminal History Information to the Hiring Process." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7401.
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In recent years, the state of Illinois has joined the "ban the box" movement which typically prohibits employers from inquiring about a prospective employee's criminal history until it has been determined whether the candidate meets the core qualifications for the position. Little, however, is known whether this legislative change has impacted how private employers use criminal history information and to what extent knowledge of criminal history impacts final hiring decisions. Using Kingdon's policy streams concept as a guide, the purpose of this general qualitative study was to understand whether implementation of "ban the box" principles impacts final hiring decisions. Data were collected through interviews with 27 hiring authorities in the state of Illinois. These data were transcribed, inductively coded, and then subjected to a thematic analysis procedure. Findings revealed that when previously convicted applicants were hired for positions, the most common reasons were noted as the quality and presentation of the candidate during the interview, possession of relevant job-related skills, and the candidate appeared remorseful of past behavior. When candidates were rejected by employers, it was most commonly because of a perceived nexus between the convicting offense and essential job requirements. Implications for positive social change include recommendations policy makers to consider future policy development that focuses on balancing the positive consequences of successful offender reentry with concern for public safety. Doing so may encourage lower recidivism and prosocial behavior including improved employment sustainability for those convicted of crimes, thereby promoting overall public safety objectives.
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Lavoie, Bianca. "Moralité et acteurs sociaux : la construction de l'ordre pénal au Canada, 1892-1927." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq21998.pdf.
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Barnes, Todd A. "Law reform in Virginia's first colony : a comparative analysis of the criminal codes of Jamestown and seventeenth century England." Virtual Press, 1995. http://liblink.bsu.edu/uhtbin/catkey/958773.
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This study presented a comparative analysis of two sets of criminal laws in colonial Jamestown under the Virginia Company of London with seventeenth century English law. The historical evidence indicated England's criminal code closely resembled Jamestown's military regime, also known as "Dale's Laws," from 1610 to 1619. But it was the strict disciplinary nature of Dale's Laws which provided security and stability in the infant colony thus creating an opportunity to institute a more benevolent criminal code and a representative form of government in 1619. Furthermore, this study determined Puritanism and the "Country" Party, both gaining power in England, provided the impetus for Virginia's reform movement.Department of History
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Mallory, Jeri. "Comparisons of the Soul: A Foucauldian Analysis of Reasonable Doubt." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1409.
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The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its origin and assessing why this standard was permitted to continue to be a cornerstone of the Anglo-American judicial system.
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Barreneche, Osvaldo 1958. "Crime and the administration of criminal justice in Buenos Aires, Argentina, 1785-1853." Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/282402.
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This dissertation analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as case study. It concentrates on what I call the formative period of the postcolonial penal system, from the installation of the second Audiencia (superior justice tribunal in the viceroyalty of Rio de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of inter-regional organization and codification began. During this transitional period, basic features of the modern Argentine criminal justice system emerged which I study in detail. They are: (a) institutional subordination of the judiciary; (b) police interference and disruption in the judiciary-civil society interface; (c) manipulation of the initial stages of the judicial process (sumario) by senior police officers (comisarios); and (d) utilization of institutionally malleable penal-legal procedures as a punitive system, regardless of the outcome of criminal cases judicially evaluated.
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Jordan, John Frederick Dodge. "Legal culture in a turbulent time : law and society in early modern Saxony." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:08a01053-87e3-4310-a974-b194f516b692.
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This thesis reconstructs and interprets the evolution of legal culture in the Saxon city of Freiberg in the sixteenth century. It challenges the notion that early modern state institutions were punitive and disciplinary; and instead posits that in Saxony, they were flexible and sought to maintain social harmony. While previous scholarship has favoured a sociological approach, based on the concept of social control, this thesis employs a legal anthropological optic to study the interaction of state institutions and social life holistically. The focus is not just on how state institutions sought to regulate social life, but also on how ordinary people used institutions for their diverse purposes. The goal of this methodological approach, based on Lawrence Friedman’s concept of legal culture, is to assess the relative position and interaction of the people, the judiciary, and the law in early modern Germany. Probing the interactions of the court and the residents of Freiberg reveals that the court was primarily a record-keeper and a mediator. For the former, it logged and transcribed all manner of transactions: peace pacts, loans, and house purchases; and Freibergers readily turned to the court to get a formal record of an obligation. For the latter, the court was rarely a site of punishment, rather it was a place where conflicts were regulated, and bonds forged. At court, Freibergers fostered ties to one another. Neither of these roles, record-keeper or mediator, are ones traditionally ascribed to early modern courts. Only by considering by the culture of a court does either become apparent.
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Rawlings, Philip. "The reform of punishment and the criminal justice system in England and Wales from the late seventeenth century to the early nineteenth century." Thesis, University of Hull, 1988. http://hydra.hull.ac.uk/resources/hull:3150.
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Queiroz, Rafael Mafei Rabelo. "A teoria penal de P. J. A. Feuerbach e os juristas brasileiros do século XIX: a construção do direito penal contemporâneo na obra de P. J. A. Feuerbach e sua consolidação entre os penalistas do Brasil." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-11112011-112357/.
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Esta tese de doutoramento cuida do processo histórico de formação teórica do direito penal contemporâneo. Inicialmente, apresenta os conceitos básicos do direito penal na doutrina jurídica e política pré-contemporânea. Em seguida, analisa a formação teórica do direito penal contemporâneo na obra de P. J. A. Feuerbach. Por fim, cuida da formação desse mesmo tipo de direito penal em meio à cultura jurídica brasileira do século XIX.This doctoral thesis handles the historical development of the theoretical formation of contemporary Criminal Law. It starts off with the presentation of basic Criminal Law concepts in pre-conteporary legal and political thinkers. Then, it handles the theoretical formation of contemporary Criminal Law in the works of P. J. A. Feuerbach. Finally, it handles the formation of this same type of Criminal Law within the Brazilian legal culture of the 19th Century.
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Belczak, Daniel. ""Blood for Blood Must Fall": Capital Punishment, Imprisonment, and Criminal Law Reform in Antebellum Wisconsin." Case Western Reserve University School of Graduate Studies / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=case1619464665680271.
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Merry, Karen Jane. "Murder by poison in Scotland during the nineteenth and early twentieth centuries." Thesis, University of Glasgow, 2010. http://theses.gla.ac.uk/2225/.
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This thesis examines the history of murder by poison in Scotland during the nineteenth and early twentieth centuries, in the context of the development of the law in relation to the sale and regulation of poisons, and the growth of medical jurisprudence and chemical testing for poisons. The enquiry focuses on six commonly used poisons. Each chapter is followed by a table of cases and appendices on the relative scientific tests and post-mortem appearances. The various difficulties in testing for these poisons in murder and attempted murder during the period are discussed and the verdicts reached by juries in poisoning trials considered. It is argued that murder by poison during the nineteenth and early twentietrh centuries raised particular legal and medical problems, as not only were symptoms often not recognised by doctors, but chemical testing was inadequate, and juries as arbiters of fact often did not understand the evidence that was presented to them in court during trials for poisoning. Further, the ease with which these poisons could be purchased for very small sums of money, the rise of the insurance industry, and the prominence of burial clubs all contributed to providing opportunity and motive for murder. Since poisons were easy to obtain and difficult to detect, it seems probable that poisoning was much more common than is usually accepted.
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Dufresne, Martin. "La justice pénale et la définition du crime à Québec, 1830-1860." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21966.pdf.
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Nichols, Lionel. "The International Criminal Court and the end of impunity in Kenya." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:34eab158-f675-492a-b844-f9a74e1a6ce6.
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This thesis considers the extent to which the International Criminal Court's Office of the Prosecutor ('OTP') has been successful in realising its self-defined mandate of ending impunity in Kenya. In particular, it focuses on the OTP's attempts to encourage domestic investigations and prosecutions as part of its strategy of positive complementarity. This strategy has been hailed as being the best and perhaps the only way that the OTP may use its finite resources to make a significant contribution to ending impunity. Despite this, no empirical study has been published that evaluates the effectiveness of this strategy and the impact that it has on ending impunity in the targeted situation country. This thesis seeks to address this gap in the literature by conducting a case study on the OTP's implementation of its strategy of positive complementarity in Kenya following that country's post-election violence in 2007/08. In doing so, I also hope to make a modest contribution to existing debates over the effectiveness of the ICC as an institution as well as international criminal justice and transitional justice more generally.
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Cookson, Robert J. "Archibald Johnston of Wariston, religion and law in the Covenanting revolution, 1637-1641." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84498.
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This dissertation explores the significance of law and religion to the Scottish Revolution through the career of Archibald Johnston of Wariston. As a lawyer committed to the defense of Scottish Presbyterianism against the Anglicanism of Charles I, Wariston epitomized the legal and religious objectives of the Revolution. While his importance to the Revolution is marked in the historiography, Wariston has received little specialized study. This work draws on manuscript collections from Edinburgh University Library, the National Archives of Scotland and the National Library of Scotland to reconstruct his vision of the Scottish constitution. As the most intimate source of his religious life, his diary is explored in a social and political context to construct a composite view of his private piety and his public policy.Wariston joined visceral opposition to innovations in religious worship imposed by Charles I. He rose in prominence because his legal expertise was indispensable to a Revolution predicated on a constitutional challenge of the authority of the Crown. The Revolution was a nationalist revolt against an alleged English imperialism. Wariston's religious experience in the Revolution revealed that the Church was the touchstone for a revival of national consciousness of Scottish laws, courts, customs and history. Wariston participated in the rediscovery and reinterpretation of Scottish law to undo decades of Anglicized Crown reform in Church and State.
When war began in 1639 Wariston became central to intelligence gathering and the forging of a loose alliance with English opponents of Charles I. This intelligence network informed Scottish propaganda to England and proved decisive in turning English popular opinion against the King. In 1640 Charles was forced to abandon war and enter into the negotiations which led to the London Treaty of 1641. Wariston pursued two main objectives---Scottish independence and permanent institutions of Anglo-Scottish cooperation---to ensure Scottish influence in English policy. While the latter initiatives were deferred in the Treaty, the Revolution achieved independence and the preservation of Scottish Presbyterianism. This study finds that ideas of religion and law in the Revolution were shaped by the overarching imperative of independence and a renewed Scottish nationalism.
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Fine, Hilton Basil. "The history of the Cape Supreme Court and its role in the development of judicial precedent for the period 1827-1910." Master's thesis, Faculty of Law, 1986. https://hdl.handle.net/11427/31980.
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Hahlo and Khan have aptly described South African law as a ‘three-layered cake’. This dissertation is not so much concerned with the ingredients of the cake, but with the Cape Supreme Court which was used to ‘bake’ the third layer, and the judges who were employed to supervise the task. However, in order t wet the appetites of the legal gourmets, an attempt has been made to analyse the ingredient of judicial precedent, and to serve it up in the form of ‘icing’.
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Myers, Tamara. "Criminal women and bad girls : regulation and punishment in Montreal, 1890-1930." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=40209.
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Society's attitudes toward criminal offenders changed dramatically over the nineteenth century. By the early twentieth century the system of handling offenders in Montreal was highly institutionalized and based on sex- and age-specific treatment involving the Catholic Church, civic and legal authorities, and Protestant reform organizations.A thematic study of the relationship of female offenders, concerned organizations, and the criminal justice system at the height of industrial capitalism shows that as the economy expanded and the city grew, there were increasing opportunities for women to break the law. Women's crimes were largely determined by their socio-economic status in Canadian society, often crimes of poverty and survival. The growing potential to commit crime was met with a more organized and institutionalized response and the definition of what was considered wayward female behaviour broadened. The growth of the state over the latter part of the nineteenth century in the form of new and expanded juridical and penal structures resulted in an increase in disciplining the population. For women this meant the use of laws and institutions to punish inappropriate social and sexual behaviour.
This thesis explores the gender-specific treatment of female offenders in the new institutions created ostensibly to rescue them: Fullum Street Prison for Women, the Ecole de Reforme, the Girls' Cottage Industrial School, the Juvenile Delinquents' Court, and the female police force. It looks at the construction of "criminal" and "bad" and the flexible usage of certain laws to curb unruly behaviour.
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Haider, Suki. "Female petty crime in Dundee, 1865-1925 : alcohol, prostitution and recidivism in a Scottish city." Thesis, University of St Andrews, 2013. http://hdl.handle.net/10023/4126.
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Late-nineteenth and early twentieth-century Dundee had a strikingly large female workforce and this fact has attracted much scholarly attention. But existing research has not probed the official crime records to determine whether the associated local stereotype of the disorderly mill worker, as a ‘moral blot' on the landscape, is justified. This study looks at female criminality in Dundee 1865–1925. It finds that drunkenness, breach of the peace and theft were the leading female offences and that the women most strongly associated with criminality belonged to the marginalised sections of the working class. Amongst them were the unskilled mill girls prominent in the contemporary discussions, but it was prostitutes and women of ‘No Trade' who appear to have challenged the police most often. They were frequently repeat offenders and consequently this thesis devotes considerable attention to the women entrenched in Dundee's criminal justice system. A pattern noted in the city's recidivism statistics, and often echoed elsewhere, is that the most persistent offenders were women. The fact that men perpetrated the majority of petty crime raises the suspicion that the police statistics capture differential policing of male and female recidivists – an idea that builds upon feminist theory and Howard Taylor's stance on judicial statistics. Yet a detailed study of the archives reveals that there are as many examples of the police treating women fairly as there are of gender-biased law. Indeed, several practical constraints hindered over-zealous policing, one of which was the tendency of the local magistrates to throw out cases against prostitutes and female drunks. This thesis, taking the police and court records as a whole, emphasizes that it was generally pragmatism, rather than prejudice, that guided the sanctioning of female recidivists in Dundee.
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Donnelly, Robert Christian. "Postwar vice crime and political corruption in Portland." PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/3554.
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The present thesis describes the connection between political corruption and vice crime in Portland as it was portrayed by media and public institutions and agencies in the 1940s and 1950s. The main body of the thesis discusses attempts to rid Portland of its vice problem through the City Club's crusade against crime and crooked politicians in the late 1940s and early 1950s and Mayor Dorothy McCullough Lee's subsequent reform movements against gambling and prostitution. The thesis will analyze The Oregonian's expose' on bootlegging, gambling, prostitution and links drawn by the newspaper to the Teamster's Union and Oregon politicians. From there, the study focuses on Washington D. C. and the McClellan Committee's 1950s hearings on the mismanagement and corruption of Teamster leaders in local and national chapters. Finally, the thesis analyzes the role of Portland's two daily newspapers and their contributions to the controversies and mixed messages over vice and crime in the city between World War II and 1957.
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Diwan, Naazneen S. "Female Legal Subjects And Excused Violence: Male Collective Welfare Through State-Sanctioned Discipline In The Levantine French Mandate And Metropolis." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1222186748.
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Adak, Ufuk. "The Politics of Punishment, Urbanization, and Izmir Prison in the Late Ottoman Empire." University of Cincinnati / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1439309163.
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Cameron, Calla. "Grave Breaches: American Military Intervention in the Late Twentieth- Century and the Consequences for International Law." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1677.
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The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, but that power also brought watchfulness from the global community and an expectation that the United States would intervene when rogue states or leaders committed crimes against humanity. The international legal community has expected the United States to act and illegally intervene in some situations, but to pursue policy changes peacefully through diplomatic channels on other occasions.
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Thérage, Marc. "Le cercle des affaires entre suspect et bienfaiteur : l’invention du droit criminel des affaires dans l’ombre de la police économique en Flandre wallonne et en Hainaut (XVe – XVIIIe siècle)." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20015.
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Dans l’Ancien Droit, le droit criminel des affaires constitue une étape singulière de l’histoire d’une matière qui reçoit aujourd’hui le nom de droit pénal des affaires. À cette époque, les fraudes commises par les professionnels de la vie des affaires ne relèvent cependant pas toutes du droit criminel. Dans l’ombre des divers textes de police économique, naît en effet une matière dont les règles sont si spécifiques qu’elles doivent être isolées du droit commun. L’exemple de la Flandre wallonne et du Hainaut – où la bourgeoisie industrielle et commerciale fonde la puissance des républiques urbaines –fournit un corpus jurisprudentiel important et représentatif. L’étude de cette jurisprudence prouve que les turpitudes du cercle des affaires de ces provinces sont parfois criminellement réprimées. Ainsi, entre 1424 et 1789, six cent soixante-neuf sentences et arrêts sont prononcés en droit criminel des affaires. La richesse de cette branche du droit criminel et le silence des criminalistes en ce domaine, imposent decréer a posteriori des catégories juridiques permettant de rendre compte de la grande variété des incriminations. Hier comme aujourd’hui, le droit criminel des affaires comprend un versant général (vol et faux) et un versant spécial (droit criminel commercial, droit criminel de la consommation et droit criminel fiscal). De ce premier constat résulte plusieurs questions. Comment distinguer le droit criminel des affaires de la police économique ? Quelles sont les différentes infractions à la vie des affaires ?Quelles en sont les spécificités qui nécessitent de les traiter distinctement des autres infractions ?In ancient law, buisiness criminal law constitutes a peculiar step in the history of what has now become « buisiness penal law ». Although, in those days, the various types of fraud committed by buisiness professionnels don't all relate to criminal law. In the shadow of various economic police texts, emerges a subject whose rules are so particular that they have to be isolated from common law. For example, Flandres wallonne and Hainaut provinces (where the industrial and commercial wealthy bourgeoisie establish the power of the urban republics) provide a important and representative body of case law. The study of this jurisprudence reveals that the turpitudes of the buisiness circles of these provinces sometime relate to criminal law. Consequently, between 1424 and 1789, 669 judgments areissued in criminal law. The abundance of this branch of law and the silence of the criminal law specialits on it lead to the necessity of creating a posteriori several law categories in order to appreciate the great variety of incriminations. Yesterday and today, buisiness criminal law contains general (theft and forgery) and special (commercial criminal law, consumer criminal law and tax criminal law) topics. As a consequence of this firstobservation many questions appear. How to distinguish between buisiness criminal law and economic police ? Which are the different offences committed against the buisiness world ? Which are their specificities that lead to treat them distinctly from the other offences
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Salam, Abdallah. "Perfect and imperfect rights, duties and obligations : from Hugo Grotius to Immanuel Kant." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:882da778-1126-4909-b38b-5ada51cc8e78.
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In this doctoral thesis, Kant's distinction between perfect and imperfect duties is examined. The thesis begins with an exploration of how the distinction originates and evolves in the writings of three of Kant's most prominent natural law predecessors: Hugo Grotius, Samuel von Pufendorf, and Christian Wolff. The thesis then moves on to Kant's own writings. It is argued that Kant draws the perfect-imperfect distinction in as many as twelve different ways, that these ways are not entirely consistent with one another, and that many of them, even taken by themselves, do not hold up to scrutiny. Furthermore, it is argued that Kant's claim that perfect duties always trump imperfect duties - which can be referred to as "the priority claim" - is not actually supported by any one of the ways in which Kant draws the perfect-imperfect distinction. After this critical reading of Kant's writings, the thesis then switches gears and a more "positive" project is attempted. It is argued that the perfect-imperfect distinction, even though it does not support the priority claim, is not altogether normatively neutral or uninteresting. In particular, for some of the ways in which the distinction is drawn, it is shown that the distinction yields the following normative implication: Sometimes perfect duties override imperfect duties and all other times there is no priority one way or the other. Finally, it is explained that this normative implication - which can be referred to as the "privilege claim" - translates into the following practical directive: When there is a conflict between a perfect duty and an imperfect duty, sometimes one must act in conformity with the former duty and all other times one is free to choose which of the two duties to act in conformity with. This practical directive represents the ultimate finding of this thesis.
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Peltola, Larissa. "Rape and Sexual Violence Used as a Weapon of War and Genocide." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1965.
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Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their communities, destroying the social fabric and cohesion of specific groups, and even as a final act of humiliation before killing the victim. In each conflict that is examined in this thesis, sexual violence is used against civilian populations for the specific purpose of genocide.
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Costa, Vivian Chieregati. "Codificação e formação do Estado-nacional brasileiro: o Código Criminal de 1830 e a positivação das leis no pós-Independência." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/31/31131/tde-04112013-164930/.
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A presente dissertação realiza um exame histórico-jurídico do Código Criminal do Império do Brasil, aprovado em 16 de dezembro de 1830. Frequentemente interpretado como um documento liberal elaborado às pressas e artificialmente sobreposto à sociedade brasileira, o Código Criminal de 1830 foi muito pouco estudado pela historiografia nacional. Buscando desvendar a complexidade dos trabalhos e escolhas jurídicas e políticas envolvidas em sua composição, analisamos pormenorizadamente o trâmite parlamentar seguido por este documento (centrando-nos nos debates legislativos e comissões de trabalho dedicadas à sua elaboração), relacionando-o, ainda, ao movimento codificacionista ocidental em curso na virada do século XVIII ao XIX. Para além de examinar os projetos de código criminal apresentados ao legislativo brasileiro, entre 1826 e 1827, por José Clemente Pereira e Bernardo Pereira de Vasconcelos, realizamos uma análise comparativa cuidadosa entre o conteúdo destes projetos e o texto final do código aprovado, somando, ainda, a tal análise, uma comparação entre o Código de 1830 e os textos de dez códigos ou projetos de codificação penal existentes no mundo ocidental àquela altura. Partindo do corpus documental supracitado e da conjuntura política de aprovação deste diploma, a pesquisa desnudou as relações então travadas entre o direito penal e a política do Primeiro Reinado, articulando os dispositivos adotados pelo Código de 1830 às particularidades inerentes ao momento de sua aprovação e aos projetos de Estado, justiça e cidadania defendidos pelos parlamentares imperiais. Inserida e influenciada por um movimento internacional de larga escala e pautada por concepções jurídicas extremamente modernas, a positivação das leis penais no Império brasileiro atrelou-se à configuração do novo Estado-nacional e ao desejo de seus representantes de conformação de uma nova realidade.This thesis proposes a historical-juridical study of the Brazilian Imperial Criminal Code (Código Criminal do Império do Brasil), approved in December 16th, 1830. Frequently interpreted as a liberal document hastily elaborated and artificially imposed upon the Brazilian society, the Criminal Code of 1830 has been neglected by national historiography. To try to unveil the complexity of the juridical and political choices and maneuvers involved in its composition, I analyze in detail the parliamentary process of proposal and approval of this document (focusing on the legislative debates and the legislative commissions committed to its elaboration), aiming to relate its content to the western codification movement that started at the turn of the 18th century. The scope of my analysis goes beyond the analysis of the projects for the criminal code presented to the Brazilian legislative by José Clemente Pereira and Bernardo Pereira de Vasconcelos between 1826 and 1827, in order to produce a careful comparison between the content of such projects and the final text of the approved criminal code. The present thesis also includes a detailed comparison between the Code of 1830 and the contents of ten codes or projects of penal codification available in the western world at the time. Using the aforementioned documental corpus and bearing in mind the political situation contemporary to the approval of this code, the research has revealed the relations between penal law and politics during the First Reign (Primeiro Reinado), articulating the juridical statements embedded on the Code of 1830, and social-political particularities specific to the moment of its approval, with different projects regarding the States organization, prospects of justice and citizenship expected by the nations representatives. Imbedded in and influenced by a large-scale international movement and based on extremely modern juridical conceptions, the proposition of penal laws in the Brazilian Empire was connected to the configuration of the new national State and to the desire of its representatives to conform a new reality.
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Doyle, Charles James. "The judicial reaction in south-eastern France, 1794-1800." Thesis, University of Oxford, 1987. http://ora.ox.ac.uk/objects/uuid:59cc347e-6a12-4540-8d81-65018e2170da.
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The thesis investigates and analyses the hitherto neglected phenomenon of political reaction within the judiciary of south-eastern France during the period between the Thermidorian Reaction and the advent of the Consulate. The character, objectives and effects of the 'reaction judiciaire1 are studied through a series of different perspectives. The first task is to highlight the discrepancy between the concepts of the social and political effects of a revamped judicial system formulated during the Year III and the corrupt abuse of judicial power by reactionary provincial judges. Indeed, the study constantly seeks to explore the conceptual as well as the practical damage inflicted on the Directorial regime by the supposed trustees of the post-Terrorist republican settlement. Emphasis is placed upon the collaboration between the southern judges and the counter-revolutionary elements within the local community, especially in the discussion of the origins of the judicial reaction. The changes of technique and of objective which the judiciary experienced are explored in full. It is described from its beginnings as a weapon of retribution for the aggrieved local community against the former agents of the Terror to its role in the subversion of regional jacobinism to its support for the period of unchecked counter-revolution during the Year V and finally to its function as a 'rearguard' defender of arrested counter- revolutionaries during the period of the Second Directory. In addition, due consideration is given to the motivation of individual judges who operated the reaction. It is hoped that the thesis has provided a model for the study of the causes, techniques and aims of political reaction from within an independent state power. Furthermore, it is hoped that the work is seminal in its suggestion that judicial reaction and its many ramifications had both a direct and indirect bearing upon the fall of the Directory.
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Wattellin, Guillaume. "L’élaboration des principes directeurs du droit pénal des mineurs : l’exemple du Nord (XVIe-XIXe siècles)." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20020.
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Adoptée au lendemain de la Libération par le Gouvernement provisoire de la République française, l’ordonnance du 2 février 1945 établit toute une série de principes qui, encore aujourd’hui, forment le socle du droit pénal des mineurs. Ainsi, la responsabilité progressive par paliers calquée sur l’évolution du discernement, la primauté de l’éducation sur la répression, la mitigation des peines ou encore l’adaptation des procédures, sont autant de règles dérogatoires qui structurent et orientent le traitement juridique de l’enfance coupable. Cet ensemble forme, selon l’expression consacrée, les « principes directeurs » du droit pénal des mineurs. Le recours à une étude historique permet de mieux comprendre la construction progressive du droit pénal des mineurs contemporainThe order of February 2nd 1945 which was adopted in the aftermath of the Liberation by the Provisional Government of the French Republic establishes a series of principles which shape the base of juvenal criminal law. Thus the progressive liability in stages modelled on the development of discernment, the superiority of education on repression, the mitigation of sentences, but also the procedure adjustment, are as many derogating rules structuring and guiding the legal treatment of guilty childhood. To use the hallowed phrase, this combination constitutes the « guiding principles » of juvenal criminal law. The submission to a historical study allows a better understanding of the contemporary gradual building up of juvenal criminal law
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Kleffner, Katherine. "Seething Cauldron of Crime: Criminals and Detectives in Historical and Fictional London." Bowling Green State University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1429017193.
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Dhalluin, Sébastien. "L'application de la législation royale dans les territoires nouvellement conquis : l'exemple de la jurisprudence criminelle du Parlement de Flandre (1668-1720)." Thesis, Lille 2, 2015. http://www.theses.fr/2015LIL20005.
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En 1668, après avoir conquis une partie des territoires des Pays-Bas espagnols, Louis XIV établit à Tournai un conseil souverain chargé d’administrer la justice à ses nouveaux sujets. Cette cour est érigée en parlement en 1686 et son ressort évolue au fil des guerres menées par le Roi Soleil.Malgré les promesses du maintien des particularismes locaux formulées dans les actes de capitulation des villes, le monarque tente insidieusement de rapprocher la pratique judiciaire du ressort du parlement de Flandre de celle du reste du royaume. Sont ainsi envoyés à la cour l’ordonnance criminelle de 1670 qui modifie les règles de la procédure pénale et de nombreux textes de droit dictant les politiques répressives à appliquer.L’objet de cette étude est de mesurer l’impact de l’enregistrement de la législation royale sur la jurisprudence criminelle de la cour entre 1668 et 1720. Les magistrats, tiraillés entre la tradition des Pays-Bas et la modernité française, ont-ils respecté la volonté du roi ou lui ont-ils, au contraire, résisté ? L’expression de la conscience du juge, la survivance des anciens usages et les intérêts avant tout financiers des parlementaires sont autant d’obstacles au projet d’acculturation entrepris par Louis XIVAfter he gained an important part of the Southern Netherlands in 1668, Louis XIV created a sovereign court to administer justice in the newly conquered territories. The court obtained the title of parliament in 1686 and its jurisdiction evolved as a consequence of the numerous wars and treaties in the late 17th and early 18th centuries.Although the monarch had solemnly promised to maintain the local particularities in the capitulation acts of the main cities, he insidiously attempted to introduce the French legal rules into the judicial practice of the northern territories of the kingdom. Thus the criminal ordinance of 1670 was sent to the court in order to amend the rules of criminal procedure and other statutes imposed the repressive policies to be followed.This study focuses on the registration of royal edicts and ordinances and on their consequences on the court’s jurisprudence in criminal cases between 1668 and 1720. The councilors were torn between the traditions of the Netherlands and French modernity. Therefore we can wonder whether they did respect the king’s will. The expression of the judge’s conscience, the survival of ancient customs and the parliamentarians’ foremost financial interests were indeed obstacles to the Louis XIV’s acculturation project
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Lemar, Susan. "Control, compulsion and controversy: venereal diseases in Adelaide and Edinburgh 1910-1947." Title page, contents and abstract only, 2001. http://web4.library.adelaide.edu.au/theses/09PH/09phl548.pdf.
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Includes bibliographical references (leaves 280-305). Argues that despite the liberal use of social control theory in the literature on the social history of venereal diseases, rationale discourses do not necessarily lead to government intervention. Comparative analysis reveals that culturally similar locations can experience similar impulses and constraints to the development of social policy under differing constitutional arrangements.
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Ashfaq, Muhammad. "The crime of aggression : a critical historical inquiry of the just war tradition." Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/13671.
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Why has international society been unable to develop political and judicial collective-security arrangements to limit external aggression? The thesis argues that efforts to limit aggression in moral and legal theory have created an unjust order in which great powers have used these theoretical traditions to reinforce their power in the global order. The thesis argues that is not a new development but can be found in one of the oldest traditions of moral reflection on war, the just war tradition. To substantiate this point, the thesis critically surveys the philosophers of the ancient Greek, Roman, Medieval Christian Renaissance, and early modern theorists of just war and demonstrates that their just war ideas contain assumptions about exclusion, identity and power reflecting their cultural superiority which underlie the practices and theories of the leading states and justifications of their aggressive wars. The thesis connects these moral reflections to the emergence of modern international law and the European pluralist international society of states based on mutual respect for sovereignty and the norm of non-intervention, highlighting how justifications of its colonial aggression against non-Europeans established an unjust solidarist order against them which persists in the post-Cold War era. To conclude it presents suggestions for improvement in the current pluralist international arrangements to address the issue of aggression.
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Kozak, Andrea Moody. "Die Frauen, Der Strafvollzug, und Der Staat: Incarceration and Ideology in Post-WWII Germany." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/scripps_theses/61.
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This thesis explores how the material reality of Germany's women's prisons has been largely determined by their ideological foundations, and by the historical developments that have produced these ideologies. The German women's prison system is complex and imperfect, yet in many ways very progressive. It is the result of the last sixty years of tumultuous German history, and has been uniquely shaped by the capitalist and communist histories of the once-divided state. In its current state, it seems to have incorporated elements of a supposedly “rational” or individualistic conception of humanity as well as one that is relational and interdependent, thus promoting independence while still fostering and supporting care-based familial and social support systems. In this way, it reflects the remarkable development of Germany since the end of the horrific Second World War, providing a window into ideologies of gender, crime, and incarceration as they evolved and eventually merged. Germany serves as an excellent case study of the ways in which prisons are a product of their countries' histories, and is a model for understanding how prisons around the world must be analyzed in the context of their nations' past. Any attempt to compare prison systems across international borders must be centered around the unique contextual development of each country and its prisons.
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Chamot, Cyrielle. "Le bourreau : entre symbolisme judiciaire et utilité publique (XIIIe-XVIIIe siècles)." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020010.
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À la fin du Moyen Âge, la place que doit occuper le bourreau au sein de l’organisation judiciaire et, par extension, au sein de la société, demeure relativement obscure. Il faut attendre le XIVe siècle pour qu’une ébauche du régime professionnel de l’exécuteur émerge progressivement en dépit du laconisme d’un grand nombre de sources juridiques. De par sa connexion avec la mort judiciaire, cet agent n’est pas cantonné au rôle de simple exécutant des peines mais est un véritable symbole pourtant relégué aux limites de la sphère sociale. Cette exclusion en fait une main d’oeuvre polyvalente à même de remplir des tâches de police. Le maître de la haute et basse justice permet donc d’assainir la ville tant métaphoriquement, en châtiant les criminels, que matériellement en encadrant certains parias et en éliminant les déchets urbains. Il apparaît comme une figure judiciaire et administrative originale par son mode de fonctionnement et ses attributions ainsi que les différentes rémunérations qui en découlent. La fin de l’Ancien Régime le consacre comme l’incarnation d’un système pénal reposant sur des peines corporelles vouées à disparaîtreAt the end of the Middle Ages, the place occupied by the hangman inside the judicial organization and, by extension, inside society, remains quite obscure. It is only at the turn of the XIVth century that a draft of the Contract Killer's professionnal status progressively emerged despite the terseness of numerous juridical sources. Because of his connexion with judicial death, this agent was not confined to the role of simple executor of the penalties but was a true symbol thereof. Yet he was left on the fringes of the social sphere. This exclusion turned him into a polyvalent hand, one able to realize various police tasks. The hangman thus sanitized the city both metaphorically − by punishing criminals − as much as materially − by framing some parias and supressing urban wastes. He appears as a judicial and administrative figure, original by its operating and attributions as well as through the various remunerations this entailed. The end of the Old Regime consecrated him as the incarnation of the criminal system, based on corporal punishments which were destined to disappear
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Fajon, Yan-Erick. "Les représentations du juge criminel dans la pensée politique française (1748-1791)." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0021/document.
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Cette thèse sur la fin de l’Ancien Régime s’ étend de 148 à 1791. Ce travail de recherche est une exploration de la figure judiciaire et de ses représentations savantes et populaires sur la période donnée. Ainsi Les philosophes du XVIIIème siècle contribue largement grâce à leurs théories politiques à un renouveau théorique des représentations judiciaires. Ce renouveau s’accompagne également d’une fécondité littéraire dans le genre utopique. Ceci est bien la preuve que la question pénale est une question politique à la veille de la Révolution Française. Ce travail de renouveau judiciaire se poursuit avec l’Assemblée Nationale Constituante entre 1789 et 1791. Il se poursuit sous un angle pratique. C’est probablement ici que se situe la rupture entre les députés constituants et les philosophes des Lumières. Les premiers vont mettre en place un système judiciaire où seule la logique existe. Ce système est motivé par une haine du juge pénal du XVIIIème siècle. Les second, les philosophes, critiquaient le juge dans un souci d’exigence de liberté. Ils sont à ce titre le prolongement de l’humanisme et les précurseurs du libéralismeThis thesis on the end of the Ancien Régime extends from 1748 to 1791. This research work is an exploration of the judicial figure and its scholarly and popular representations on the given period. Thus the philosophers of the eighteenth century contributes largely through their political theories to a theoretical renewal of judicial representations. This renewal is also accompanied by literary fecundity in the utopian genre. This is proof that the criminal question is a political question on the eve of the French Revolution.This work of judicial renewal continues with the National Constituent Assembly between 1789 and 1791. It continues in a practical angle. It is probably here that lies the break between the constituent deputies and the Enlightenment philosophers. The former will put in place a judicial system where only logic exists. This system is motivated by a hatred of the 18th century criminal court. The second, the philosophers, criticized the judge for the sake of the need for freedom. They are in this respect the extension of humanism and the precursors of liberalism
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Salters, Gregory A. "A Phenomenological Exploration of Black Male Law Enforcement Officers' Perspectives of Racial Profiling and Their Law Enforcement Career Exploration and Commitment." FIU Digital Commons, 2013. http://digitalcommons.fiu.edu/etd/877.
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This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201).
Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis of the data: (a) color and/or race does matter, (b) putting on the badge, and (c) too black to be blue and too blue to be black.
The deductive analysis used a priori coding that was based on Super’s (1990) archway model. The deductive analysis revealed the participants’ career exploration was influenced by their knowledge of racial profiling and how others view them. The comparative analysis between the inductive themes and deductive findings found the theme “color and/or race does matter” was present in the relationships between and within all segments of Super’s (1990) model. The comparative analysis also revealed an expanded notion of self-concept for Black males – marginalized and/or oppressed individuals.
Self-concepts, “such as self-efficacy, self-esteem, and role self-concepts, being combinations of traits ascribed to oneself” (Super, 1990, p. 202) do not completely address the self-concept of marginalized and/or oppressed individuals. The self-concept of marginalized and/or oppressed individuals is self-efficacy, self-esteem, traits ascribed to oneself expanded by their awareness of how others view them. (DuBois, 1995; Freire, 1970; Sheared, 1990; Super, 1990; Young, 1990). Ultimately, self-concept is utilized to make career and life decisions.
Current human resource policies and practices do not take into consideration that negative police contact could be the result of racial profiling. Current human resource hiring guidelines penalize individuals who have had negative police contact. Therefore, racial profiling is a discriminatory act that can effectively circumvent U.S. Equal Employment Opportunities Commission laws and serve as a boundary mechanism to employment (Rocco & Gallagher, 2004).
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Forlen, Antonin. "La dimension historique de la notion d'ordre public (XVIe-XIXe siècles)." Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA005.
Full textAbstract:
Cette thèse étudie la dimension historique de la notion d'ordre public. Celle-ci, bien que très usitée en droit positif, est difficile à définir et à déterminer. L'analyse historique de son émergence et de son développement à partir du XVIe siècle permet de comprendre les grandes caractéristiques et problématiques que soulève son utilisation par les juristes. Afin de restreindre le champ d'investigations autrement inépuisable, le cadre d'étude choisi est l'ordre public dans sa dimension étatique. La notion d'ordre public mise en œuvre par l'État suppose la recherche de la stabilité et de la pacification de la société. Elle combine pour ce faire, d'une part des procédés de police administrative visant à prévenir les troubles à l'ordre avant qu'ils ne surviennent ; et d'autre part des outils de droit pénal visant à l'appréhension et à la punition des infractions brisant l'ordre établi. À travers l'histoire, la notion évolue selon deux axes. D'abord, l'ordre public est conçu comme une notion-cadre, permettant de rassembler un ensemble de techniques et d'outils juridique concourant la protection de la société et des personnes, ensemble qui se développe de manière pragmatique sous l'Ancien Régime. Ensuite, l'ordre public est étudié à travers son rôle de vecteur, stimulant l'intervention de l’État et de ses institutions, les amenant à agir sur la société et à la contrôler pour imposer une série de valeurs comme la garantie de la vie humaine, de la propriété, de la cohésion sociale. La dimension historique de la notion révèle la pérennité remarquable d'un modèle né sous l'Ancien Régime, conservé et perfectionné après la Révolution, qui est toujours de droit positif en ce qui concerne ses caractéristiques essentiellesThis dissertation deal with the historical dimension of the notion of public order. Public order is often used today but its meaning remains unclear. The study of the birth and evolution of public order, since the 16th century, allows a better understanding of its impacts on modern societies. It shows that public order is a notion used to summarise a vast range of public policies designed to protect society and people. It is also used to control and to drive the society in the way the political power intends.The study argues that the historical model of public order, though created in a pragmatic way in the Ancien Régime, then continued to be valid after the Revolution and is still, up to a point, valid today