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James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.
This book offers a fascinating and insightful overview of seven centuries of murder in Europe. It tells the story of the changing face of violence and documents the long-term decline in the incidence of homicide. From medieval vendettas to stylised duels, from the crime passionel of the modern period right up to recent public anxieties about serial killings and underworld assassinations, the book offers a richly illustrated account of murder’s metamorphoses. In this original and compelling contribution, Spierenburg sheds new light on several important themes. He looks, for example, at the transformation of homicide from a private matter, followed by revenge or reconciliation, into a public crime, always subject to state intervention. Combining statistical data with a cultural approach, he demonstrates the crucial role gender played in the spiritualisation of male honour and the subsequent reduction of male-on-male aggression, as well as offering a comparative view of how different social classes practised and reacted to violence. This authoritative study will be of great value to students and scholars of the history of crime and violence, criminology and the sociology of violence. At a time when murder rates are rising and public fears about violent crime are escalating, this book will also interest the general reader intrigued by how our relationship with murder reached this point.
"What a pleasure it is to read a book by a gifted writer whose exhaustive research results in such thought-provoking insights."--Deirdre Bair, author of Simone de Beauvoir: A Biography
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Covers general areas of Scottish law including criminal, commercial, contract, delict, environmental, family, administrative, and socio-legal issues. Also includes some articles on comparative law, plus book reviews and case notes.