Quelle connaissance et quel impact du droit criminel américain dans la France du xixe siècle ?
At two moments during the 19th century, French jurists were interested in American criminal law, and not only in the overseas prison systems discussed in the 1833 report by de Beaumont and Tocqueville. The first moment occurred between 1825 and 1835, when Livingston’s draft of a penal code for Louis...
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| Format: | Article |
| Language: | fra |
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Association Clio et Themis
2025-05-01
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| Series: | Clio@Themis |
| Subjects: | |
| Online Access: | https://journals.openedition.org/cliothemis/5699 |
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| Summary: | At two moments during the 19th century, French jurists were interested in American criminal law, and not only in the overseas prison systems discussed in the 1833 report by de Beaumont and Tocqueville. The first moment occurred between 1825 and 1835, when Livingston’s draft of a penal code for Louisiana was published in French, and when Livingston came to France. This project, which provided for the abolition of the death penalty, was seen as a response to the risks of increased repression by ultra-royalists on the basis of the Napoleonic Penal Code. The second moment occurred at the turn of the 20th century, when American innovations in indeterminate sentencing and juvenile courts were discussed in France. After identifying and analyzing the texts of French jurists who dealt with American criminal law in these two periods, the article examines the estrangement of French specialists of criminal law from American ideas. |
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| ISSN: | 2105-0929 |