Дисертації з теми "Justitie en terreur"

Thesis (M.A.)--George Mason University, 2009.
Vita: p. 108. Thesis director: John Barclay Burns. Submitted in partial fulfillment of the requirements for the degree of Master of Arts in Interdisciplinary Studies. Title from PDF t.p. (viewed Nov. 11, 2009). Includes bibliographical references (p. 98-107). Also issued in print.

Le travail consiste à problématiser l’histoire de la révolution de Thermidor et de centrer les recherches sur la justice politique. L’étude des promesses et des réalisations de la justice thermidorienne, dans le domaine de la répression politique en particulier, nous conduira à restreindre notre champ d’étude du coup d’Etat parlementaire contre Robespierre, le 9 thermidor an II (27 juillet 1794), au coup d’Etat militaire du 18 fructidor an V (4 septembre 1797). Ces trois années constituent un ensemble assez homogène. Le choix de ce cadre temporel découle de ce que le fonctionnement de la justice politique a été refondé et repensé par les Thermidoriens et a été ébranlé à la suite du coup d’Etat du 18 fructidor. Or, la méthode de ce travail est de saisir les grandes lignes de la période thermidorienne au travers de la compréhension approfondie des procédures judiciaires et militaires qui structurent la répression politique. Le véritable renforcement des droits de la défense après Thermidor montre que la République se libéralise globalement. Or, cette recrudescence des libertés déstabilise le gouvernement alors que l’Etat est en quête de stabilité. Ce paradoxe complique la sortie de la Révolution. Le dilemme des Thermidoriens est de parvenir à donner une stabilité au gouvernement de la Révolution tout en demeurant fidèle aux principes énoncés par la Révolution en 1789. Cet équilibre à trouver entre la stabilité du pouvoir et la fidélité aux principes, sur lesquels est fondé et repose le pouvoir, est délicat. A travers l’étude des différentes formes de la répression politique sous la République thermidorienne, il est question d’analyser les difficultés qu’éprouvent les dirigeants révolutionnaires à terminer la Révolution française par l’établissement d’un Etat constitutionnel
The work here is a problematisation of the history of the revolution of Thermidor and more specifically its political justice. The research on the promises and realisations of thermodorien justice, and particularily the political repression, will drive us from the coup d'etat against Robespierre, the 9 thermidor year 2 (27th July 1794) to the military coup d'etat of 18 fructidor year 4 (4th september 1797). These three years are quite an "homogeneus" ensemble. The reason of this choice of laps of time is that the functioning of justice was reforged and rethought by the Thermidorians but was shattered by the coup d'etat of the 18th fructidor. The work here will be to seize the main lines of the thermidorian period through profound comprehension of the judicial and military procedures that structured the political repression. The reinforcement of the rights of the defense after thermidor shows a certain liberalization of the Republic. Thanks to the study of a series of importants trials, the conclusion is that the thermidorian regim had a certain respect for the rights of defense. The trials against the “terrorists” Carrier or Fouquier-Tinville in front of the revolutionary Tribunal in year III were the occasion for the regime to prove his respect for the defense. In the same way, the repression of the insurgents of prairial, the rebels of vendemiaire and the royal agency of Paris, by a military justice, reveals, more or less as the case, a procedural and moderate mind, surprising for such an extraordinary repression. Those points help us to understand how the government of year III succeeded in finishing the Terror. But the emergence of new rights destabilizes the government. This paradox complicates the ending of the revolution. The dilemma of the Thermidorians will be to give a stable government whilst staying faithful to the principles of the revolution of 1789 and keeping this balance is a tender subject. Through the study of different forms of political repression under the thermidorian republic, will be analysed the difficulties for the leaders to put an end to the revolution by establishing a constitutionnal state

On the particular example of the US new motto of the foreign policy after 9/11 --War on Terror I am trying to refer to the work of the non-profit organization Amnesty International in the field of the international relations. I am pointing out its importance in the decision-making process of the political elites. My intention is to find the correlation between the persuasion of the American population in relation to its leadership or leaders based on the expressed promises in the election campaign. As the object of my work I have chosen the current US President - Barack Obama whose one of his five main promises declared in the campaign was to defeat the terrorism, detain and adequately punish the masterminds of attacks from the September 2001 for the committed crimes. This point comprises the significant change from the approach of his predecessor and so the closure of the Guantanamo military base as a symbol of modern torture and denial of human rights which serves as a detention camp for the suspects of terrorism for more than 14 years now. This was a daring commitment but he gained millions of supporters thanks to it. This option comprised the expectations of sophisticated solutions for tens of substantial issues, including meeting the objective of punishment of the terrorists and establishment of deterrent precedent for any other similar attempts. Obama failed to accomplish it.

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O presente trabalho foi elaborado visando a discutir como se construiu o discurso da administra??o presidencial de George W. Bush para engendrar as Guerras Contra o Terror. Por meio de uma an?lise de fontes, revistas, jornais e discursos oficiais do presidente, realizamos uma pesquisa que apresenta o processo de desenvolvimento discursivo do governo estadunidense com o objetivo de tornar cr?vel ao mundo a exist?ncia de Armas de Destrui??o em Massa no Iraque. Para concretizar tal feito, no trabalho primeiro tentamos desconstruir o que seria o terrorista e as suas a??es contra os governos hegem?nicos, al?m de realizar uma importante discuss?o com o tema da Hist?ria do Tempo Presente e a necessidade de uma pesquisa como essa nos dias atuais. Ao desconstruirmos a ideia do ser terrorista, mostramos de que forma o presidente George W. Bush se utiliza dos atentados de 11 de setembro e do medo da popula??o norte-americana como ferramentas para construir uma guerra com uma intencionalidade real voltada ? conquista do petr?leo iraquiano e para terminar uma tarefa que seu pai, George H. Bush, havia deixado inacabada.
This work was built aiming to present how they built the speech of the presidential administration of George W. Bush to engender the Wars on Terror. Through an analysis of sources, magazines, newspapers and official speeches of the President; construct a survey that shows the process of development discourse of the U.S. government in order to make credible to the world the existence of weapons of mass destruction in Iraq. To accomplish this feat, the first attempts to deconstruct the work that would be the terrorist and their actions against the hegemonic governments, and perform an important discussion with the theme of the story of the present time and the need for a search like this nowadays. To deconstruct the idea of being a terrorist present as President George W. Bush uses the attacks of September 11th and fear as tools to build a war with a real intentionality toward the conquest of Iraqi oil and finish a task that his father, George H. Bush had left unfinished.

The thesis offers a reappraisal of a particular aspect of the Terror in France: the system of revolutionary justice that developed during the course of 1793 and 1794. Through a series of laws between March 1793 and 22 prairial Year II (10 June 1794) central government sought to define and punish 'counter-revolutionary' activity, deemed a potentially fatal threat to the internal security of a nation at war with much of Europe. At the heart of this system stood the tribunal criminel et extraordinaire in Paris - later named the Revolutionary Tribunal - which had jurisdiction over the entire country in such cases. The basic premise of the thesis is that historians to date have perpetuated a misleading image of those affected by the Terror as helpless victims of state repression, and that this is due in large part to the fact that our understanding of the revolutionary judicial system is . simplistic. The thesis aims to do two things: first, restore the suspect as an active protagonist fn the narrative of the period; second, chart the extent to which there was space for suspects and their defences to exploit within the system organised around the Paris Tribunal. Part One looks at the basic mechanics of the judicial Terror, a chain that stretched out from the capital all over France. The analysis charts the changes and continuities both within the system that was providing the Paris Tribunal with cases, and in the record of this institution in dealing with them. It includes detailed examination of many of the mechanisms /f the Terror, from local investigations of alleged counter-revolutionary offences through to the work of the Paris Tribunal itself. Part Two focuses on how defences were constructed under this system of revolutionary justice, and the impact such efforts had. Not only does this highlight how active suspects themselves were in their own defence, but new evidence is also presented showing that large numbers benefitted from the support of the wider community as well.

The White Terror in Taiwan was a 43-year period during which the Kuomintang (KMT) regime, with significant support from the United States during the Cold War era, persecuted its political opponents, imprisoning tens of thousands of people and executing some 1200. In the wake of democratisation since the 1980s, Taiwan has instituted a scheme of transitional justice to acknowledge and atone for the past political oppression and to promote national reconciliation. As this initiative was undertaken by the same regime that perpetrated the White Terror, questions of objectivity and transparency arise. Accordingly, this thesis aims to assess the progress of transitional justice in Taiwan by examining the official discourse on the subject and also analysing the non-official discourses amongst survivors of the White Terror in present-day Taiwan. Tensions between the different discourses are identified. This thesis focuses on the construction of the past in the present, which refers to contestation of the past in the context of present-day society in Taiwan. Drawing on discursive analysis of Taiwan’s transitional justice initiatives since the late 1990s, as well as in-depth interviews with 24 former political prisoners, it discerns how the official transitional justice discourse is circumscribed and limits our knowledge of the White Terror. Since the implied fall of communism, the aim of reconciliation has not embraced the former socialists and communists at the global level, enabling the KMT government to elude accountability in its transitional justice efforts by rationalising the White Terror in the name of anti-communism. As a result, Taiwan’s socialist dissidents remain stigmatised in the official discourse, which offers redress only to those individuals who disassociate themselves with subversion and identify as ‘political victims’. This restriction in the official discourse suggests that the government wishes to reconcile only with those who were ‘innocent’ of treason. By the same token, the identity of White Terror victims is de-politicised, distorting the content of their trauma and shame and their survivorhood in present-day Taiwan. Informants’ non-official discourses, which point up the contradictions in the government discourse, reveal that survivors tend to feel profound shame owing to the failure of their political projects, viewing themselves as inept revolutionaries. Much of their interest in transitional justice lies in seeking opportunities to advocate for the causes to which they still adhere. Thus, their identity as survivors is focused less on persecution than on sustaining their political activism in the era of reconciliation. Thus, the tension between the official and non-official transitional justice discourses in Taiwan is not only a contestation of the past but, more profoundly, a contestation of the vision for the nation’s future.

This thesis focuses on the importance of truth and memory in the process of transitional justice, within the context of the aftermath of gross violations of human rights that occurred during the military dictatorship of 1976 to 1983 in Argentina. The military junta that ruled Argentina took power under the pretext of national security, arguing that an enemy threatened to destabilize and destroy Argentine society. During the period of the military dictatorship an estimated 30,000 people "disappeared"; relatives of those disappeared mobilized and formed human rights organizations to confront the military regime for its abuses. Once the dictatorship collapsed and democratic rule was reestablished these human rights organizations changed their focus, mobilizing once again to find their missing relatives, learn the truth, and prosecute those responsible of any crimes. A series of amnesty laws and pardons protected the perpetrators of many of the crimes of the military regime through most of the 1990's, until in 2005 the Argentine Supreme Court declared those laws unconstitutional. During the period before the 2005 ruling human rights organizations worked hard to gather the truth about the crimes of the military regime and ensure these crimes were not forgotten. Their initiatives included the famous weekly march to the Plaza de Mayo by members of Madres (Mothers), one of the most important human rights organizations in Argentina; escraches (reveal what is hidden) and public protests by HIJOS (Sons and daughters of the disappeared), actions in which members of HIJOS would go to the houses of known members of the military juntas and protest at their front doors; and programs to find missing grandchildren by Abuelas (Grandmothers), a human rights organization dedicated to searching for the missing children of the disappeared; and others. Because of the structure of terror during the military junta, most Argentines did not know exactly what was happening to the missing persons, and they were afraid to ask. The truth gathering initiatives and the official report of the commission charged with investigating the junta, CONADEP, came into being in response to this lack of knowledge. They helped to inform the Argentine people and the new generations of what had happened during the military dictatorship in hopes of making sure that such abuses do not occur again.

Cette thèse se demande en quoi les demandes de relocalisation alimentaire contribuent à transformer la gestion de l’accès au foncier agricole. Plus largement, il s’agit de comprendre comment le partage des terres entre les personnes souhaitant y avoir accès prend en compte la diversité des modèles agricoles et alimentaires. Le corpus étudié se compose de mobilisations de terre pour une agriculture nourricière de proximité, qui sont menées par des acteurs publics locaux, le mouvement Terre de Liens et des agriculteurs. Leur analyse est réalisée de manière croisée, à partir d’enquêtes conduites dans trois zones d’étude françaises couplant ville et campagne.Le projet de relocalisation est d’abord porté par une large diversité d’exploitations. Son inscription spatiale complexe et les représentations territoriales qui y sont liées invitent à redéfinir la catégorie de "local" en matière alimentaire. Ensuite, les mobilisations de terre participent à renouveler les voies d’accès au foncier : des stratégies domaniales misent sur la mise en œuvre localisée de modes de gestion du foncier alternatifs, tandis que des stratégies réticulaires ciblent la circulation de l’information foncière. L’application du cadre des faisceaux de droits foncier permet d’analyser les réajustements des limites respectives de la propriété et de l’usage de la terre. Enfin, les rapports de pouvoir présidant au partage du foncier, qui font notamment intervenir les Safer et les représentants de la profession agricole, ne sont modifiés qu’à la marge. Au-delà de rares cas de gouvernance de la coexistence foncière des modèles agricoles, la thèse indique comment comprendre l’objet d’étude depuis une perspective de justice foncière
This dissertation focuses on how the rise of local food issues impacts the way access to farmland is managed in France. This question fits into a a broader concern about how processes of allocation of land take into account the diversity of agricultural models. My corpus is made up of case studies of land operations benefiting a relocalized agriculture and carried out by local public authorities,the civic movement Terre de Liens and farmers. I study them through a cross analysis of surveys undertaken in three regions associating a city and the surrounding countryside : the Ami´enois, the Lyonnais and the south-east of the Aveyron departement.Fist, the relocalization project appears to be implemented in a wide variety of farms. Its complex spatial scope and the related social representations call for a renewed definition of the ”food localness” category. Second, the land operations help renewing the means of accessing farmland. Estate strategies rely on setting up alternative farmland management styles at a local scale, whereas network strategies target land information flows. Building on a bundle of rights framework, the dissertation analyses how the demarcartion between property and use of the land evolves. Third, the power relationships governing the allocation of land are only incrementally modified, as the Safer and traditional farmers’ unions remain at the center. Beyond scarce cases of governance of the land-based coexistence of agricultural models, the dissertation build up a land justice frameworksuited to France

This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.

This thesis is a creative critique of transitional justice. It critically assesses policy oriented legal debates on transitional justice, what I call the pragmatic transitional justice literature, as they are structured by the liberal narrative of modern progress in which a democratisation agenda based on human rights prioritises addressing violence against the body of individuals. Contrary to this literature’s assumed claim that democracy plus capitalism equals peace, I argue that the narrative of progress obliterates the violent historical relation between forced displacement and the consolidation of capital extraction and labour exploitation. When transitional justice is framed by the liberal progress agenda it reveals one kind of violence and covers up another. By reflecting on violence and silence in the Caribbean mountains of Colombia, I show how the 2000’s massacres radically changed practices providing community well-being. Not only were the lives of loved ones lost. The massacres were also an attempt to destroy a mode of living in the world. I understand this violence as a silencing: an attempt to dismantle a meaningful experience of the world. I am concerned that processes of transitional justice attend to this kind of silencing—but the problem becomes, how? Revising more critical, field-based and theoretical debates on transitional justice, what I call conceptual transitional justice literature, the notion of haunting emerged as useful for opening up transitional justice to political imagination. This notion helped me to challenge the narrative of progress by conjuring up the “doubtful contemporaneity of the present to itself” (Derrida, 1994, p. 48). The question here is: what can haunting teach us about how to attend to silence, loss and death? How can it teach us to listen to seemingly disappeared non-capitalist worlds? In this thesis I pursued a research agenda interested in using haunting as a strategy to craft a different language capable of envisioning new political possibilities for transitional justice. I found that in order to work against the silencing terror of the massacres I needed a mode of listening that corresponded to this notion of haunting. To make the conceptual promise of haunting productive for re-imagining transitional justice, I decided to perform theôria or travelling with concepts. Theôria is a methodology that draws from the experience of dislocation, of exposure to the unfamiliar, to difference, in search for learning from other ways to give meaning to the world. I went to Indonesia, a privileged site to learn from haunting. Here, one million suspected communists were massacred in the mid-1960s. General Suharto utilised the massacres to remain in power for thirty years, consolidating a political and military elite that profits from a ruthless extractive capitalism. Drawing on historical accounts and Joseph Oppenheimer’s documentary films The Act of Killing and The Look of Silence, I analysed the historical origins and contemporary effectiveness of Suharto’s narrative of development. I showed how his silencing strategy consisted in breaking the link between meaning-making and livelihood practices. I then went to Kulon 8 Progo in Central Java, where Muslims and Catholics share the same living space. I observed how the active agency of the dead articulates diverse religious and economic practices that make up a community economy. By listening actively when attending to these practices, my theôria unlocked a new vocabulary of political possibility, one defined by the cohabitation across lines of cultural and religious difference and between the living and the dead, and communicative protocols required to support a shared form of existing in which wellbeing (economic and cultural) is produced through commoning practices. What emerges from these concepts is a different understanding and practice of transitional justice that breaks with both the form and trajectory of “progress.” The normative core of this new transitional justice can be understood as the end of the silencing processes that “progress” imposes. This would require enacting listening practices that acknowledge cohabitation and can learn from diverse forms of living in the world. These listening practices are active processes of creating the conditions for the kind of communication necessary for this learning. A communication of this kind can craft and nourish an abundance of strategies that can host the commoning of wellbeing.

Thesis (M.A.)--Indiana University, 2007.
Title from screen (viewed on June 6, 2007) Department of Sociology, Indiana University-Purdue University Indianapolis (IUPUI) Includes vita. Includes bibliographical references (leaves 117-122)

Exploring Puritanical cultural habits in the 21st century American military, the following study focuses on U.S. Army courts-martial in the Global War on Terrorism. The study uses Emile Durkheim's original sociological interpretation of crime and deviance. That interpretation is linked with responsibility as described by Durkheim's follower Paul Fauconnet in Responsibility: A Study in Sociology ([1928] 1978) and with a new cultural reading of Max Weber's The Protestant Ethic and the Spirit of Capitalism ([1905] 1976). The study is an inductive, descriptive examination of the Puritanical aspects of American military culture based on its treatment of acts labeled as deviant and criminal in the Global War on Terrorism. Four sets of war crimes are included in the study: Abu Ghraib (which occurred in Iraq in 2004), Operation Iron Triangle (which occurred in Iraq in 2006), the Baghdad canal killings (which occurred in Iraq in 2007), and the Maywand District killings (which occurred in Afghanistan in 2010). My data include primary data collected through participation and observation as a consultant for courts-martial related to all the cases except Abu Ghraib. Records of trial, investigation reports, charge sheets, sworn statements, and other documentation are also included in the study as secondary data sources. The study illuminates how unconscious, Puritan cultural habits color and shape both military actions and their perceptions. I explore Puritanism and its influence on military law, responsibility, revenge, "magic" (in its sociological sense), and narcissism. The study concludes with observations and recommendations for changes in U.S. military law.