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“Moi quand on dit qu’une femme ment, eh bien, elle ment”

The Administration of Rape in Twenty-First Century France and England & Wales

Nicole Fayard and Yvette Rocheron

In France and England & Wales rape is now understood as a diverse social phenomenon. It is reported, counted, categorized, and dealt with by the authorities as a serious crime. Yet, despite notable initiatives intended to improve the conviction of alleged perpetrators, major hurdles for alleged victims remain. We show how rape is defined and prosecuted in France and England & Wales, and we use statistical analyzes to understand the scale of the problem, still largely unknown. We also discuss recent controversies (attrition rate;loicadre), exploring a culture of scepticism among police and judiciary that causes complaints to be dropped or downgraded to lesser crimes. Our interview material from France explores two difficulties: When is rape not rape? Did the alleged victim consent to the penetration? Finally we analyze the paradoxical role played by voluntary victim support groups that resist but also collude with a complex regulatory system that fails those who do not speak in legitimate codes.

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The Shades of a Shadow

Crime as the Dark Projection of Authority in Early Modern England

Maurizio Ascari

, crime and sin. 1 This article will start from this body of works in an attempt to explore the relation between the definition of crime, its prosecution, and its cultural representation in early modern England. This goal will be pursued in relation to

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American Extraterritorial Legislation

The Data Gathering behind the Sanctions

Ali Laïdi

such countries to prosecution by the US authorities. 2 Those who resist or remain obdurate can be fined several hundred million dollars and even, in some cases, several billion dollars, a financial sanction which for some multinationals or large, small

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Ernst Leitz of Wetzlar and Helping the Persecuted

Scope of the Research and Some Reflections

Frank Dabba Smith

Abstract

As a study of corporate and individual behaviour in the context of Nazi Germany, my research concerning Ernst Leitz of Wetzlar – the manufacturer of the Leica camera – is situated and seeks to build on the insights of scholars writing histories of businesses during this period. Leitz's highly unusual activities to help approximately eighty Jews and non-Jews, throughout the duration of the Nazi regime, involved training, employment, financial aid, and assistance both to leave Germany and when abroad. Where necessary, Leitz also intervened to help employees subjected to criminal prosecution. Ambivalence is present when discussing Leitz's increasingly conformist public face and producing sophisticated armaments, designed and built by in-house experts. Leitz also relied on forced labourers brought from Ukraine. These ambivalent activities, along with maintaining an extensive range of critical relationships with those holding authority, crucially enabled Ernst Leitz to survive and retain ownership of his firm.

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Patrick Lenta

My purpose in this paper is to assess the plausibility of three claims asserted by Wilhelm Verwoerd in his book Equity, Mercy, Forgiveness: Interpreting Amnesty within the South African Truth and Reconciliation Commission (2007) in support of the granting of amnesty by the South African Truth and Reconciliation Commission. Amnesty in this context refers to conditional amnesty: immunity from prosecution and punishment, conditional upon the full disclosure by perpetrators of the details of their wrongdoing, extended to individuals who had committed gross human rights violations between 1 May 1960 and 10 May 1994. Verwoerd rehearses several arguments that have previously been advanced in support of conditional amnesty, but his original contribution consists in asserting three claims concerning its moral status. These are that the granting of amnesty: (1) satisfies the demands of equity; (2) constitutes an act of mercy; and (3) amounts to forgiveness of perpetrators. I seek to show that, considered separately, each of these claims is false and that, asserted together, they are inconsistent.

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Cosmopolitanism and the Need for Transnational Criminal Justice

The Case of the International Criminal Court

Patrick Hayden

Writing in the aftermath of Adolf Eichmann’s dramatic prosecution in 1961 for his role in the Nazi genocide, Hannah Arendt suggested that the ‘need for a [permanent] international criminal court was imperative’ (Arendt 1963: 270). For Arendt, Eichmann’s trial in Jerusalem symbolized the unfortunate triumph of national interests over the demands of universal justice. In Arendt’s analysis, the Eichmann trial was flawed for a number of reasons, most notably because the Israeli government rejected the possibility of establishing an international criminal tribunal, claiming for itself the competence and jurisdiction for trying Eichmann. In the end, Arendt notes, the failure of the Israeli court consisted of the fact that it represented ‘one nation only’ and misunderstood Eichmann’s crimes as being inherently against the Jewish people rather than against humanity itself, that is, ‘against the human status’ (Arendt 1963: 268-270). As the subsequent occurrence of genocide, ethnic cleansing, and war crimes in countries as diverse as Cambodia, Rwanda, the former Yugoslavia, and East Timor starkly testifies, the relevance of a permanent international criminal court to contemporary world politics and international relations is undiminished more than 40 years after the Eichmann trial.

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Alexis Chabot

In , Sartre elevates the premature death of his father to the rank of a providential event which, by depriving him of a Super-Ego and relieving him of any legacy, consigned him to contingency and condemned him to be free. In this way, Sartre derives his uniqueness from this happy lack, this salutary void, i.e. a negated father, and casts himself in the role of an Aeneas liberated from the weight of his Anchises. Fatherless son, Sartre was nonetheless condemned to return incessantly to a father who was destined to remain imaginary. The omnipresence of paternal figures in his oeuvre, from “Childhood of a Leader” to by way of and , is the expression of a double project, as systematic as it is paradoxical: to incarnate the Father, interrogate him and place him centre-stage—as he does with Flaubert's father—in order to eliminate all the better, through an unrelenting prosecution, that of which the Father is, in Sartre's view, the crystallization: the past, inheritance, the temptation of inauthenticity, the alienation of freedom by a foreign power. The Sartrean Father reveals in a privileged way the heart-rending paradoxes of freedom.

French Dans Les Mots, J.-P. Sartre hisse la mort précoce de son père à la hauteur d'un événement providentiel qui, le privant de Surmoi et le délestant de tout héritage, le livra à la contingence et le condamna à être libre. Ainsi Sartre tire sa singularité de ce manque heureux, de ce vide salutaire, un père nié, et se dépeint en Enée libéré du poids de son Anchise. Fils sans père, Sartre n'en fut pas moins condamné à revenir sans fin à ce père voué à demeurer imaginaire : l'omniprésence des figures paternelles dans son œuvre, de L'Enfance d'un chef à L'Idiot de la famille, en passant par Le Scénario Freud et Les Séquestrés d'Altona, est l'expression d'un double projet, aussi systématique que paradoxal : incarner le Père, l'interroger et le mettre en scène - ainsi du père de Flaubert -, pour mieux liquider, par une mise en procès permanente, ce dont la figure du Père est, à ses yeux, la cristallisation : le passé, l'héritage, la tentation de l'inauthenticité, l'aliénation de la liberté par une puissance étrangère. Le Père sartrien se révèle dès lors comme le révélateur privilégié des paradoxes déchirants de la liberté.

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Sentimentalising Persons and Things

Creating Normative Arrangements of Bodies through Courtroom Talk

Jonas Bens

severity of a crime may be assessed. Sentimentalising Cultural Heritage and Its Counter-Narratives In any criminal trial, there are competing parties with different interests. The prosecution, the defence and the representatives of the victims all

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Looking for the child soldier

The judicial investigation in the case of Thomas Lubanga Dyilo

Milena Jakšić

material consists of the transcripts of the Lubanga trial hearings, the Trial Chamber's judgement sentencing the accused to fourteen years in prison, and interviews with the legal actors involved in the case: counsel for the defence and prosecution

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Theophilus Kwek

, fill up, fulfil (the original sense was “accomplish,” can result in arrest 5 and prosecution . Hence “oblige” or “obey”). 5. Seize by legal authority; Detain; Stop or check (a process, a disease); A sudden cessation of movement; To