Que reste-t-il de la défense sociale nouvelle ?

Sizaire, Vincent

doi:10.3917/rsc.1702.0261

Cited by 2 publications

(3 citation statements)

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“…But Ancel advocated a “ new social defense” because he placed greater emphasis on rehabilitation and envisioned “the defense of human rights, the protection of the human being and therefore the passionate search for a criminal justice policy of a humanistic kind, in the strongest sense of the word [ humaniste ]” (1981: 7). “New social defense” may thus be a misnomer because Ancel’s theory truly was “penal humanism” (Sizaire, 2017: 263).…”

Section: An Influential Perspective On the Gradual Humanization Of Pu...mentioning

confidence: 99%

“…Thus, some claim that Ancel influenced Sarkozy’s repressive legislation (Danet, 2008), although this is doubtful (Dreyfus, 2010; Sizaire, 2017; Wyvekens, 2010). Sarkozy (2007) endorsed the permanent incapacitation, vilification, and dehumanization of “predators”, whereas Ancel’s career focused on defending prisoners’ human rights and opportunity for rehabilitation so that they may reenter society.…”

Section: Reconciling Conflicting Theoriesmentioning

confidence: 99%

“…Interestingly, Ancel can be a foil for opposite critiques of French penality nowadays. While some blame Ancel for punitive shifts, conservative politicians have misrepresented Ancel as a “Marxist” who promoted soft-on-crime policies (Sizaire, 2017: 262).…”

Section: Reconciling Conflicting Theoriesmentioning

confidence: 99%

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Foucault, prison, and human rights: A dialectic of theory and criminal justice reform

Jouet

2021

Theoretical Criminology

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Michel Foucault’s advocacy toward penal reform in France differed from his theories. Although Foucault is associated with the prison abolition movement, he also proposed more humane prisons. The article reframes Foucauldian theory through a dialectic with the theories of Marc Ancel, a prominent figure in the emergence of liberal sentencing norms in France. Ancel and Foucault were contemporaries whose legacies are intertwined. Ancel defended more benevolent prisons where experts would rehabilitate offenders. This evokes exactly what Discipline and Punish cast as an insidious strategy of social control. In reality, Foucault and Ancel converged in intriguing ways. The dialectic offers another perspective on Foucault, whose theories have fostered skepticism about the possibility of progress. While mass incarceration’s rise in the United States may evoke a Foucauldian dystopia, the relative development of human rights and dignity in European punishment reflects aspirations that Foucault embraced as an activist concerned about fatalistic interpretations of his theories.

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Section: An Influential Perspective On the Gradual Humanization Of Pu...mentioning

confidence: 99%

Section: Reconciling Conflicting Theoriesmentioning

confidence: 99%

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Foucault, prison, and human rights: A dialectic of theory and criminal justice reform

Jouet

2021

Theoretical Criminology

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The indicator of humanization of legal regulation: methodological study using big data of judicial practice on the cases of petty theft (the Article 7.27 of the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation)

Викторович¹,

Геннадьевич²,

Доккаевич³

2021

Юридические Исследования

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The subject of this research is the social relations that arise in terms of committing petty theft, as well as research means and methods for assessing optimization of the protective legal regulation. The author substantiates and tests the indicator of humanization of legal regulation, which is identified and used on the big data of judicial acts on administrative and criminal cases of petty theft (the Article 7.27 of the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation). The research is based on the original interdisciplinary methodology, which includes indicator approach and a set of legal and computer aided techniques (dogmatic, systemic analysis, expert assessment, data mining, correlation analysis, cluster analysis, classification, regression, etc.). The author substantiates the need to view humanization of protective legal regulation in the context of balanced interests of all parties involved in the legal conflict, namely: the state (society) interested in the effective preventive function of protective legal regulation; the victim interested in compensation for the caused harm; the wrongdoer interested in imposition of fair punishment adequate in its severity to facts in the case. These interests were compared to the empirical data and knowledge extracted from the vast arrays of judicial acts, as well as the corresponding methods of research. The use of humanization indicator for big data in cases of petty theft demonstrates that administrative responsibility in general is more humane than criminal responsibility (by three out of four indicators); there is disproportionality of repression in criminal cases; the level of humanism to the victim in cases of administrative offences is extremely low; individualization of criminal penalty is lower than of administrative penalty, despite the more complicated, time and cost consuming form of criminal proceedings.

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Que reste-t-il de la défense sociale nouvelle ?

Cited by 2 publications

References 0 publications

Foucault, prison, and human rights: A dialectic of theory and criminal justice reform

Foucault, prison, and human rights: A dialectic of theory and criminal justice reform

The indicator of humanization of legal regulation: methodological study using big data of judicial practice on the cases of petty theft (the Article 7.27 of the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation)

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