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  1. 1: Crime, Revolution, and Reform 22 items
    1. We begin the course with the French Revolution (1789-1799) and Empire (1804-1814/5). Both the revolutionaries and Napoleon and his imperial regime reshaped the criminal justice system in France. The Penal Code introduced by the revolutionaries in 1791 and adapted by Napoleon in 1810 remained in place until 1994. The new regimes swept away what they saw as the abuses of the Old Regime, and replaced them with a whole series of innovations which we will discuss later in the course, including trial by jury, elected judges, and oral procedure. The ideas of the Rights of Man that were so important to Enlightenment and revolutionary thinkers underpinned developments in punishment and imprisonment, while another strain of Enlightenment thought about human nature, free will, and the medical ands statistical sciences lies at the root of the later developments in criminology.

    2. Required readings: 3 items
      1. Chapter 4. The Short Arm of the Law - Crubaugh Anthongy.

        Chapter  I know there is an issue with accessing the digitised version of this chapter. I am working to resolve it.

      2. Introduction - Emsley Clive

        Chapter  Emsley has researched both France and the UK, so this ‘European’ textbook is useful for thinking about the French examples

      3. France: More on the French Penal Code of 1810

        Webpage  As we will discuss, the penal code was reformed periodically after 1791, but the 1810 code makes a good reference point for most of this period.

    3. Other Readings 11 items
      1. Discipline and punish: the birth of the prison - Michel Foucault 1991

        Book Recommended There are no two ways about it: this is difficult reading. It is also absolutely crucial for understanding the themes of the course. You may want to come back to this book at several points over the teaching block.

      2. Cesare Beccharia’ - Monachesi Elio

        Chapter 

      3. Justice in the Sarladais, 1770 - 1790 - Steven G. Reinhardt c1991

        Book 

    4. General Resources for the Course 7 items
      1. The journal Crime, History and Societies (abbreviated to CHS in the reading lists) is indispensable. Many of the articles on the reading lists are from here, and you could browse for other relevant material.

      2. Crime and justice 1750-1950 - Barry S. Godfrey, Paul Lawrence 2005

        Book  Focuses on the UK, but it is very useful for the questions and ideas it discusses.

      3. There is no equivalent textbook for France, but you could look  at following  books which actually covers a longer period than the title suggest. Both are dated.

      4. Between the guillotine and liberty: two centuries of the crime problem in France - Gordon Wright 1983

        Book 

      5. CriminoCorpus

        Website  Similarly, if you read French then the CriminoCorpus website is an amazing resource, filled with bibliographies of secondary works and also links to primary sources. There is very little indeed in English.

  2. 2: Inventing the Criminal 18 items
    1. This is a HUGE topic, so there is a lot you could read beyond what we will be able to cover in our session. Criminology is central to understanding all of the topics on this course, so you should make sure you are comfortable discussing the key thinkers and developments.

    2. Guiding Questions 1 item
      1. How did stereotypes of the criminal change during the nineteenth century?

        Which scientific ideas were most influential on the criminologists?

        What challenges did criminologists pose to the police and the courts?

    3. Essential Readings: 3 items
      1. Criminal Man According to the Classification of Cesare Lombroso - Gina Lombroso Ferrero 1911

        Book Essential You could read the whole book.

    4. Other Readings: 13 items
      1. The Doctors and the Judges - Castel Robert

        Article  If possible, you should absolutely read the other articles in this edition, as well as the text of Pierre Rivière’s confession.

      2. Scientific Criminology - Emsley Clive

        Chapter 

      3. Faces of Degeneration: A European Disorder, c.1848–1918 - Daniel Pick, Cambridge Books Online (Online service) 1989 (electronic resource)

        Book 

      4. Criminals and their scientists: the history of criminology in international perspective - Peter Becker, Richard F. Wetzell 2006

        Book  See especially the chapter by Artières

      5. Gabriel Tarde - Wilson Vine Margaret

        Chapter 

      6. Cesare Lombroso - Wolfgang Marvin

        Chapter 

  3. 3: Police 20 items
    1. Guiding Questions 1 item
      1. The change in policing is one of the biggest changes historians have identified in this period. From the tiny police force of the eighteenth century, the French police (of various kinds) quickly became a massive presence in everyday life. This week, we will think about why this was the case, but also more carefully about what the different police were meant to do, and what they really did.

        What were the different types of police, and how were they different?

        Who were the police? How did they think and behave?

        What constitutes 'professionalisation' of the police force?

        Are the police the best evidence of the 'centralization' of justice in this period?

    2. Essential Readings 2 items
      1. Police stories: building the French state, 1815-1851 - John M Merriman, Oxford Scholarship Online (Online service) 2006

        Book Essential Introduction’ and ‘The System’ 5-13, 14-37. whole book if you can.

    3. Other Readings: 17 items
      1. Vidocq and the Image of the Counterfeit’ - Carpenter

        Chapter 

      2. New Professionals: Old Problems - Emsley Clive

        Chapter 

      3. Detectives and Forensic Science: The Professionalization of Police Detection - H. Shpayer-Makov, P. Knepper, A. Johansen

        Chapter 

  4. 4: Violence to Theft? 23 items
    1. Guiding Questions: 1 item
      1. There is an influential theory that the nature of crime has changed in the modern West, from the predominance of violence, to the predominance of theft. This week we will look at the French example and ask if this is really true, and why it matters.

        Was there a decline in violence over the nineteenth century? How can this be explained?

        Did types of violence change during this period? How and why?

        How should historians understand criminal statistics?

    2. Essential Readings: 6 items
      1. The Crimes - Martin Benjamin

        Chapter Essential

      2. The Eyraud-Bompard Affair 3 items
        1. Little demon in the city of light: a true story of murder and mesmerism in Belle Époque Paris - Steven Levingston 2015

          Book Further Sensationalized popular account… but useful for the Eyraud-Bompard case.

    3. Other Readings: 16 items
      1. The village of cannibals: rage and murder in France, 1870 - Alain Corbin, Arthur Goldhammer 1992

        Book Recommended A really fun book from probably the greatest living French historian.

      2. Real Murderer and False Poet: Pierre-François Lacénaire - Downing Lisa

        Chapter 

      3. Surrealism and the art of crime - Jonathan P. Eburne 2008

        Book 

      4. Émile Durkheim - Lunden Walter

        Chapter 

  5. 5: The Courts 24 items
    1. Guiding Questions 1 item
      1. At the beginning of this period, the Revolutionaries threw every aspect of the court system into question. Important areas to think about include the introduction of the jury, and the changing roles and character of the judges themselves.

        How did the French criminal courts work? How did a crime become translated into a criminal prosecution?

        Who were the judges, and what were their world-views?

        What made the jury system such a contentious issue?

        How did politics affect criminal procedure reform during this period?

        How were trials like theatre?

    2. Essential Readings: 3 items
    3. Other Readings: 20 items
      1. The trial of Madame Caillaux - Edward Berenson 1993

        Book 

      2. Part III: History of Criminal Procedure Since the French Revolution - Esmein Adhémar

        Chapter  Yes, it is heavy, yes it is dry. But you need to stomach it to understand the fine detail of these changes. You could also look at the appendix on the status of evidence in this criminal justice system.

      3. In the theater of criminal justice: the Palais de justice in Second Empire Paris - Katherine Fischer Taylor c1993

        Book 

      4. The courtesan and the gigolo: the murders in the Rue Montaigne and the dark side of empire in nineteenth-century Paris - Aaron Freundschuh 2017

        Book  Chapter seven. Chapter two is also useful for understanding how investigations worked.

      5. Laboring on a Volcano (1789-1814) - Wright Gordon

        Chapter 

      6. In the theater of criminal justice: the Palais de justice in Second Empire Paris - Katherine Fischer Taylor c1993

        Book 

      7. Dreyfus: 6 items
        1. Degradation - Ruth Harris

          Chapter  You should read the whole book if you can.

  6. 6: Sex and Crime 14 items
    1. Guiding Questions: 1 item
      1. Crimes connected to sex are a very large, and very fraught topic. They are also a very important one, for a number of reasons, including the longstanding suspicion that the 'dark number' is perhaps greatest for crimes involving sexuality. France also makes a particularly important example on two grounds: first, the fact that (male) homosexuality was (at least in theory) decriminalized at the start of the nineteenth century. Second, the so-called 'French system' of regulated prostitution was an importan model for other countries considering what to do about the sex trades and sexual exploitation.

        How did attitudes towards sexuality shift in response to legal change, and vice versa?

        What was the 'French system' of prostitution, and how did it work?

        How did the law deal with homosexuality?

    2. Essential Readings: 3 items
      1. Love and Death in Gay Paris: Homosexuality and Criminality in the 1870s - Peniston William

        Chapter  See also the chapter by Sibalis in the same volume.

    3. Other Readings: 10 items
      1. Balzac, Honoré de, The Splendors and Miseries of Courtesans, [1838-47], available in English here.

        Page not found

      2. Violette Nozière: a story of murder in 1930s Paris - Sarah C. Maza 2011

        Book 

  7. 7: Entertainment 14 items
    1. Guiding Questions 1 item
      1. Crime sells. In the early-modern period it sold chapbooks and ballads, and in the nineteenth century it became the fodder of new types of entertainment, including the newspapers and novels.

        How new was this new crime entertainment?

        How realistic was crime fiction? How did it represent crime and criminals?

        Did fiction influence fact? What did criminals, police, and the state learn from novels or fanciful newspaper reports?

         

         

    2. Essential Readings: 3 items
      1. Gaboriau, Émile, The Widow Lerouge. First published in the 1860s, a English translation is available here.

        Page not found

      2. Criminal investigators at the fin-de-siecle - Kalifa, D, Margaret Jean Flynn 2005

        Article Essential See also the articles by Eisenzweig, Fornabai, Gunning, and Bell in the same issue. The editors’ introduction gives a good overview

    3. Other Readings: 10 items
      1. The Cultural History of Crime - Vyleta Daniel

        Chapter 

  8. 8: The City and the Countryside 28 items
    1. Guiding Questions: 1 item
      1. An enduring and important way of thinking about crime focuses on the difference between the city and the countryside. Disentangling the truth of criminal statistics from contemporary perceptsions, however, remains fraught with problems.

        Was the countryside more or less criminal than the city? What did contemporaries believe about this question, and why?

        What was different about rural crime? Were some crimes specific to the countryside? Why those crimes?

        Did policing ever work in the countryside?

        What roles did crime play in imagining the modern city? (We will focus on Paris).

         

         

    2. Essential Readings: 3 items
      1. Danger in the City: Danger in the Countryside’ - Emsley Clive,

        Chapter Essential

    3. The Country: 16 items
      1. The village of cannibals: rage and murder in France, 1870 - Alain Corbin, Arthur Goldhammer 1992

        Book  we have already discussed in lecture 7

      2. Balancing the scales of justice: local courts and rural society in Southwest France, 1750-1800 - Anthony Crubaugh 2001

        Book 

      3. Bandits - E. J. Hobsbawm 1969

        Book 

      4. Peasants into Frenchmen: the modernization of rural France, 1870-1914 - Eugen Weber 1977

        Book  Especially Chs 5 and 6. Very problematic, but thought-provoking.

      5. The new regime: transformations of the French civic order, 1789-1820s - Isser Woloch 1995

        Book  This is the only work available in English on the important topic of the gardes champêtres.

      6. Brigandage, Banditry, and Vendetta: 5 items
        1. Honour and violence - Anton Blok 2001

          Book 

      7. Witchcraft: 4 items
        1. Witchcraft Accusations in France - Davies Owen

          Chapter 

        2. Chapter 4. Witchcraft and the Sense of Injustice - Judith Devlin

          Chapter  Read the whole book if you can. (Like Weber above) this is deeply problematic, but full of useful material.

    4. Other Readings the City: 8 items
      1. Hugo - Chevalier Louis

        Chapter  It is really worth reading the whole thing if you can get it.

      2. Durkheim's 'Suicide': a classic analyzed - Whitney Pope 1976

        Book  This is the translation that the Arts and Social Sciences Library has of this classic text.

      3. The margins of city life: explorations on the French urban frontier, 1815-1851 - John M Merriman, Oxford Scholarship Online (Online service) 1991

        Book 

      4. Paris Underground - Prendergast Christopher.

        Chapter 

  9. 9: Colonial Justice? 9 items
    1. Guiding Questions: 1 item
      1. The French model of imperialism is often contrasted to the British, because various French regimes have tended to incorporate foreign territories into France, rather than holding them as separate colonies. What this means for the criminal law is that, in theory at least, French law could have operated in the colonies. In practice, the French quickly introduced a two-tier system, whereby indigenous populations were subject to a different set of laws (known as the indigénat) than French colonizers.

        What was the indigénat and how did it work?

        How did imperialism influence policing within France?

        What role did ideas about race play in French criminal law and the indigénat?

    2. Essential Readings: 2 items
      1. Introduction - Burton Antoinette

        Chapter Essential

    3. Further Readings: 6 items
      1. Slavery and Colonial Rule in French West Africa - Martin A. Klein, Cambridge Books Online (Online service) 1998 (electronic resource)

        Book Further

      2. An empire for the masses: the French popular image of Africa, 1870-1900 - William H. Schneider 1982

        Book Further

  10. 10: Prison and Other Punishments 10 items
    1. Guiding Questions 1 item
      1. The prison casts its shadow over the whole criminal justice system in this period. This is for two reasons. The first is the incredible growth in its importance over the nineteenth century. The second is the intellectual influence of Michel Foucault.

        Why was prison the solution to so many of the problems reformers identified?

        How was prison meant to work?

        What was the appeal of transportation?

        Why has the prison been so important to modern historians since Foucault?

    2. Essential Readings: 2 items
    3. Other Readings: 7 items
      1. Historical Reflections - Randall McGowen and Daniel Gordon Michael Meranze Robert Nye Randall McGowen Daniel Gordon Gene E. Ogle Paul Friedland Katherine Royer Carlin A. Barton Austin Sarat

        Journal  See especially articles by Meranze, Nye, Gordon.

      2. Discipline and punish: the birth of the prison - Michel Foucault 1979

        Book  Read the whole thing if you can.

      3. Punishment and welfare: a history of penal strategies - David Garland 1985

        Book  The focus is on Anglo-American examples, but the argument is important

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