Documents found
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3301.More information
This paper is an attempt at the refutation of certain fallacies, which have gained a wide currency in legal and criminological thinking. These fallacies are the following. First, the mistaken interpretation of universal statements such as « Any person condemns murder » as the expression of a cross-cultural consensus about the blameworthiness of a certain type of behaviour ; such statements, it is argued, are mere tautologies reflecting the cogency of our linguistic customs. Second, the erroneous belief that criminology can dogmatically account for the sum of the facts which appertain to its field of study, by means of a single, all-encompassing explanation ; arguments are given fo show that the fate of criminological studies is fragmentation. Third, it is argued that the criminal justice system should be conceived as an apparatus for social provocation rather than as institutionalized social reaction. Fourth, it is pointed out that we must draw an unambiguous distinction between the legal notion of a sentence and the intuitive notion of punishment ; stressing this difference leads the author to compare briefly the main tenets of what he respectively calls dogmatic and sceptical criminology. Finally, the necessity to recognize as separate issues the justification and the allocation of criminal sanctions is proven and it is shown how the penal fascination with capital punishment is responsible for blurring the distinction between these issues.
Keywords: Système de justice criminelle, sanction criminelle, pensée légale, pensée criminologique, peine capitale, Criminal justice system, criminal sanction, legal thinking, criminological thinking, capital punishment, Sistema de justicia criminal, sanción criminal, pensamiento legal, pensamiento criminológico, pena capital
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3302.More information
Keywords: Mouvement étudiant, sexisme, censure, Révolution tranquille, université
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3303.More information
AbstractThis article presents the different responses France has taken in face of various abuses committed by members of certain cultic groups sectarian groups. Following a historical and a descriptive methodology, the evolution of the French approach is presented and discussed with a view of analysing which French laws have been used by magistrates against cultic groups as well as which laws are likely to be used with an aim of showing how French law can and is used. Finally, the modulations of France's response to cultic abuse are presented and discussed.
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3304.More information
During the summer of 1847 the impact of famine, disease, and social upheaval in Ireland was felt in port cities across the North Atlantic World. As an important hub of commerce and migration, Montreal was deeply affected by these events. The arrival of thousands of Irish migrants, many of whom had contracted typhus during their journey, touched off a contentious debate in the city. An engaged and alarmed public threw their support behind a proposal put forward by representatives of the municipal government that called for the construction of an elaborate quarantine facility just down the St. Lawrence River from the city. This facility, which migrants would be confined at until their healthy status was confirmed beyond reasonable doubt, promised to return order not only to Montreal, but to the entire migration process. The body appointed by the colonial administration, however, rejected the proposal, and tabled a far more modest plan that would continue to house migrants in sheds located just a stone's throw away from the city's western suburbs. The highly charged debate that ensued furnishes us with an opportunity to examine how the city's political elite and the broader public were thinking through questions about migration, public health, and the contours of liberal governance. The objective of this article is to consider the role that moments of crisis such as this played in shaping the city's political culture, and to place the events of 1847 in the context of the larger struggle between local and metropolitan authority occurring during this period.
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3305.More information
AbstractThis article traces the achievements and remaining challenges of the project, begun some four decades ago, to integrate women's experience into “mainstream” history. The author uses her own experience as a women's historian as well as an analysis of how women have been included in six recent history survey texts (two Canadian, two U.S., two American West). Considerable progress has been made in including women; however, the categories of analysis used in state-centred histories limit the terms of their inclusion. The progress to date also suggests strategies for expanding women's inclusion, and incorporating gender as a central category of human historical experience.
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3306.More information
This paper analyses former sideshow performer Celesta Geyer's autobiography Diet or Die (1968). Despite her unusual employment in a freak show, Geyer's autobiography fits the standard popular narrative of the disciplining of the fat body in order to achieve an idealized thin body. On the surface, the text reads as an absolute rejection of fat identity — a word that Geyer often associates with freakery. Yet, Geyer's autobiography also shows how she became a subject through enfreakment, and it subtly reveals deep ambivalences regarding weight, sexuality and freakery. Part autobiography, part self-help manual, and part dieting advice manual, the text is a remarkably complex reflection of aspects of American culture and society in the early to mid twentieth century that has deep resonances in today's fat phobic, dieting obsessed culture. Geyer's autobiography also highlights the difficulties of reading and interpreting autobiographies as self-evident presentations of personal history and raises questions of how individuals tell their own stories.
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3307.More information
The present study examines the Portuguese right-wing and Hungarian communist regimes' attitudes towards homosexuality and sexual minorities through an analysis of English-language literary works translated and published in Hungary and Portugal between 1939 and 1974. One of its main objectives is to contribute to the scarce body of research on the history of non-normative sexualities by mapping literary works in English that might have been read by the queer community as possible self-help literature in the two countries. Besides the prevailing publishing practices, the modi operandi of the Hungarian and Portuguese censoring apparatuses are compared to see what kind of translated literature with homosexual content was or was not allowed to be published under the two opposing dictatorial regimes and why. The research draws heavily on the book censorship files stored at the National Archives of the Torre do Tombo in Lisbon along with the findings of the Hungarian project English-Language Literature and Censorship (1945-1989) and the project Intercultural Literature in Portugal 1930-2000: A Critical Bibliography.
Keywords: Salazar's Portugal, Hungarian People's Republic, censorship, publishing practices, homosexual-themed literature, Portugal de Salazar, République populaire de Hongrie, censure, pratiques éditoriales, littérature à contenu homosexuel
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3308.More information
The notions of poverty held by 22 poverty-stricken men who frequent a community centre in Montreal were identified using a tool for popular education. In addition to shedding light on important aspects of poverty, the results show how the views held by these men about their own situation can in fact influence the social representations commonly conveyed regarding their situation. As a qualitative and participatory research project, the study focuses on the viewpoints of people suffering from poverty – an approach that is becoming increasingly attractive in Quebec as well as throughout the world.
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3309.More information
AbstractThe Montreal's Youth Centre intensive probation program for youth offenders was designed as an alternative for youth offender who would have normally been referred to a measure of open custody. In consideration of the scientific literature on the effectiveness of intensive supervision program, youth admitted to this program were high risk offenders (n = 99) who manifested receptivity for such an intervention in the community. The present study addresses the efficacy of the program in term of official recidivism. The results confirm the validity of the evaluation procedures for juvenile delinquents and their referral to the different programs (intensive probation, open custody, regular probation). Coherent with the intensity of the intensive probation program, subjects followed in this modality of treatment were more often the subject of reports identifying failure to comply with dispositions (e.g. breach of probation) of their sentences. At the one-year post-treatment follow-up, the non-recidivism rate of youth placed in intensive probation (76.2%) confirms that this measure can be seen as a valid alternative to open custody (47.4%). A logistic regression equation confirms that the two groups differed in their non-recidivism rate even when the initial characteristics of the youth were controlled for.