Cette thèse de doctorat vise à combler un vide historiographique en proposant une synthèse sur l’avortement en France à l’époque moderne. Pratique interdite, confinée au secret, elle apparaît pourtant dans de nombreuses sources. Il s’agit tout d’abord d’interroger les discours sur l’avortement afin de comprendre les conditions de possibilité d’une telle pratique. L’avortement est, à cette époque, un terme polysémique, employé dans des contextes variés. Dans le champ médical, on s’interroge sur l’animation du fœtus, sa viabilité ; dans le champ juridique, il n’est pas distinct de l’infanticide, mais cette indistinction pose problème aux juristes. Et pour la première fois en 1791, le code pénal en fait un crime spécifique. Ce travail analyse cette évolution en questionnant les différents discours dans des domaines qui s’entrecroisent : médecine, droit, théologie. Cette thèse s’intéresse donc à la criminalisation de l’avortement volontaire mais aussi à la façon dont s’organise sa répression. En effet, l’avortement apparaît dans les archives judiciaires mais toujours associé à d’autres crimes, dans le cadre de procès pour « recel de grossesse et suppression de part », ou encore dans le cadre de l’affaire des Poisons à Paris à la fin du XVIIe siècle. Ce travail interroge les difficultés posées par la répression de l’avortement volontaire, ainsi que les biais engendrés par cette association à d’autres catégories criminelles. Cette étude porte enfin sur les pratiques elles-mêmes et appréhende l’avortement comme un phénomène social. Ce travail privilégie une approche par les acteurs/trices en s’intéressant aux femmes qui avortent et aux relations à leur entourage : mari ou amant, parents, etc. Une attention particulière est également portée à la question du secret, de la rumeur et de la dénonciation dans des communautés villageoises et urbaines, et enfin aux personnes à qui elles s’adressent pour avorter, aux savoirs sur l’avortement, à l’accessibilité de ces savoirs ainsi qu’à leur transmission. / This PhD thesis aims at filling an historiographical void by proposing an overview of abortion in early modern France. Though it is a secret and forbidden pratice, abortion appears in many sources. First, this work questions speeches about abortion in order to understand the conditions that enable its existence. At this time, abortion is a polysemous word that is used in a wide range of contexts. In the medical field the animation or viability of the fœtus generates multiple debates. Abortion is considered as a crime, but not separated from infanticide in the Law, which raises multiple questions. And for the first time in 1791, the penal code considers abortion as a specific crime. This work analyzes this evolution by questioning different speeches held about abortion in different but connected fields : medicine, theology, law. Consequently this thesis analyzes the criminalization of abortion as well as its punishment. As a matter of fact, abortion appears in judicial archives but is always associated with others crimes – in trials for « suppression de part et recel de grossesse », or in the context of the repression of poisoners led by the police in Paris since the end of the XVIIth century. The repression itself presents difficulties that this work analyzes, as well as the bias generated with its connection to other criminal categories. This study finally deals with the practices themselves and examines abortion as a social phenomenon. I mostly consider the actors and actresses of abortion and specifically the women who abort and their relatives (husband or lovers, parents, etc.,). I also pay special attention to secret, rumor and denunciation in the context of urban and rural communities, and finally to the persons women solicit to get an abortion, to knowledge, to access to this knowledge as well as its transmission.

The humanist Biondo wrote three different narratives of the Fourth Crusade aimed at establishing the legitimacy of western claims to lands in the east. Biondo had played an integral part in the ephemeral reunification of the Greek and Latin Churches at the Council of Florence in July 1439. Biondo blamed the Greeks for the failure and thus did not mourn the loss of their empire to the Ottoman Turks in 1453. However, Biondo did urge several states in the Italian Peninsula to set out en mass to fight the Turks. He viewed the fall of Constantinople as an opportunity for the Latin West to reestablish its rightful empire in the east. He explicated this opinion in at least two different treatises dedicated to rulers shortly after the fall of the ancient city. To Alfonso of Aragon, Biondo argued that the King could establish a peaceful and prosperous extension of his maritime holdings to include a fallen empire with no legal ruler. To the Venetians, he presented the Fourth Crusade as a glorious victory that established their legal claim to rule the now-lost remnants of the Byzantine Empire. Biondo shaped his source material of the Fourth Crusade into an historical narrative that made this primary argument and urged powerful rulers in the Italian peninsula to take back what was rightfully theirs.

This thesis is a micro-historical study of the role of honour in interpersonal conflicts in the Danish-Norwegian crown colony of Greenland between 1728 and 1731. In the two settlements that constituted the colony, the highest-ranking officials, including the governor, were all oath-sworn royal servants; they were also almost constantly embroiled in personal quarrels. The thesis asks why and how this strife arose, how it developed over time, and what its consequence was for the short- lived crown colony. The argument is that the strife was due to a volatile combination of cramped living quarters in an inhospitable milieu, an ambiguously defined leadership structure, the remoteness of the colony, and, above all, the royal servants’ tendency to view their charge as being closely linked to their personal honour. Furthermore, there was not a sufficiently developed legal system in the colony to handle the strife and attempts by the colonial council to do so made the conflicts worse instead of settling them. The ongoing strife divided the colonists between those loyal to the governor and those loyal to his enemies, but over time the governor became increasingly politically isolated in the face of a united colony council. Ultimately, the thesis argues that, as a final consequence of the antagonism, a sort of silent coup was carried out against the governor. This, in turn, contributed to the termination of the Greenland crown colony. Honour was not the main cause of conflict, but it helped the conflict to grow from technical disagreements into bitter grudges and anxieties, and finally into an attack on the integrity of the colonial leadership structure itself. / Activating Arctic Heritage, National Museum of Denmark

Judge and Jurisconsult – Coercive and Persuasive Authority in Islamic Law (Richter und Rechtsberater- Zwingende und überzeugende Autorität im Islamischen Recht) Wer spricht das Recht in der islamischen Rechtsprechung? Die islamische Rechtsgeschichte konzentrierte sich lange auf den Einzelrichter (qadi) als Inbegriff der Rechtsprechung. Der Richter handelte jedoch nicht als einzige Verkörperung der Rechtsprechung. Ein Justizpersonal unterstützte seine und arbeitete von einer ihm unterstellten Position aus. Darüber hinaus hat der gelehrte Rechtsberater (mufti) die Rechtsprechung durch übereinstimmende und abweichende Meinungen vor Gericht in vielerlei Hinsicht geprägt. Die Arbeit konzentriert sich auf zwei Autoritäten am Gericht – qadi und mufti – in der frühen Abbasidischen Rechtsgeschichte (2. und 3. Jahrhundert nach der islamischen Zeitrechnung bzw. 8. und 9. Jahrhundert der gregorianischen Zeit), die miteinander kooperiert oder auch konkurriert haben. Die Grundlage ihrer Beziehung ist das islamische Prinzip der gerichtlichen Beratung von Experten in Rechtsfragen. Die islamische Rechtslehre ermutigt einen Richter, der mit Rechtsunsicherheiten konfrontiert war, einen gelehrten Rechtsberater (mufti) zu konsultieren, bevor er eine gerichtliche Entscheidung trifft. Die islamische Rechtsprechung entstand somit aus einem Verhältnis von Kooperation, Konfrontation und Kooptation zwischen Richtern und (außer-gerichtlichen) gelehrten Rechtsberatern. / Judge and Jurisconsult – Coercive and Persuasive Authority in Islamic Law Who dispenses justice at court? Islamic legal historians have long focused on the single judge (qadi) as the embodiment of the administration of justice. The judge, however, did not act alone in dispensing justice. A judicial staff supported his work, working from a position subordinate to him. In addition, evading a clearly demarcated judicial hierarchy, the learned jurisconsult (mufti) shaped adjudication in many distinct ways through concurring and dissenting opinions at court. This contribution focuses on two authorities—the qadi and the mufti—who cooperated or competed with each other at court in early Abbasid legal history (2nd-3rd century A. H. / 8th-9th century C.E.). Fundamental to their relationship is the Islamic principle of judicial consultation of experts on legal questions. Islamic legal doctrine encouraged a judge confronted with legal uncertainties to consult a mufti before issuing a judicial decision. Islamic adjudication thus emerged out of cooperation, confrontation and cooptation between judge and (extra-judicial) legal experts.

This dissertation examines the intersection of the prosecution of criminal justice, sexual morality and the family at the parlement of Paris, which was the highest court of appeal in France, during the height of its power and influence in the kingdom from 1564-1655. This dissertation argues that in its adjudication of the crimes of seduction, infanticide, adultery, and bigamy the parlement of Paris interpreted the law according to a paternal theory of state by prioritizing family integrity and patriarchal honour in its decisions. In so doing, it presents a unique synthesis of statute and published legal opinion with a systematic survey of judicial decisions, based on archival findings, relating to these sex crimes in early modern France. It concludes that these judicial decisions were ensconced in the concepts of family, the king’s justice, and sovereignty, which were foundational to the interconnected theories of state and society in early modern France. The parlement tended to separate elite and modest appellants according to the socio-economic priorities of lignage and ménage, or the protection of the integrity of elite lineages and the stability of artisanal households within broader networks of family and community. Ultimately, this study exposes the expectations and values that gendered authority placed on men and women in early modern French society, reveals the ways that the most powerful judges in France interpreted the law according to these values, and unveils the narratives that women and men crafted when they confronted these expectations before these powerful judges. In so doing, this dissertation sheds new light on the relationships between gender and the law, gender relations in state and society, and the lived experience of marriage in early modern France. / Graduate / 2022-08-09

<p>  </p> <p>Between 1977 and 1984, Grove City College engaged in a legal dispute with the Department of Health, Education, and Welfare as to whether the college needed to sign federally mandated Title IX compliance forms for its students to receive federal funding. This project uses the culmination of the legal dispute, the Supreme Court case <em>Grove City College v. Bell </em>(1984) to engage with discussions about philanthropy’s role in shaping education, the political effects of that education, the politicization of interpretations of Supreme Court decisions, and the continued role of education in shaping a conservative intellectual elite. Throughout much of the twentieth century, oil magnate and conservative businessman J. Howard Pew funded Grove City College’s building projects and gave countless speeches at the college. By relying on his money, Pew steered the private college’s curriculum and student life to embrace Judeo-Christian norms, cultural conservatism, and libertarian economics. </p> <p>These values shaped the conservative response to federal regulations in the form of Title IX as Grove City College sought to defend those values. This sociolegal history of the case reveals the intellectual roots of Grove City College’s retaliation. Furthermore, this project bridges legal and political history as I show that Supreme Court decisions were shaped by activists and politicians. We must look beyond case law. The project connects grassroots activism and political decisions as both meted out the future of conservatism in the public square. By conflating popularity with democracy, Ronald Reagan and his Department of Justice tried to appease all sides in the legal conflict as he made overtures to the antifeminist New Right. This project then touches on the battle over minority rule and majoritarian democracy as Reagan was at odds with the New Right as he subscribed to the latter. My work on <em>Grove City College v. Bell </em>(1984) then pushes our discussion of political history beyond a red and blue dichotomy as Democrats and moderate Republicans formed a bipartisan coalition to legislatively overturn the Supreme Court’s decision. Grove City College’s conservative think tank acts as a new endeavor to inform the public square as to the values of conservatism. Long since passed away, Pew’s values live on in the Institute for Faith and Freedom. By observing the branding of the organization and its connection to the college’s history, this work shows the fluidity and adaptability of conservatism as it occurs on campus and how it intertwines with national conversations today with which conservatism is concerned. </p>

This thesis analyzes the legal history of the Supreme Court’s Fourth Amendment case law as it relates to the police practice of Stop and Frisk which shifted drastically in 1968 with the creation of the “Terry Stop”. From that decision, it analyzes the broader role that both the Judiciary and Law Enforcement, as fundamental American institutions, played in the creation of the Carceral State. This research draws on archival Supreme Court records to demonstrate that the decision to reinterpret the Fourth Amendment’s prohibition on warrantless searches and seizures was made in full view of the politicization and racialization of crime. Further, it shows that the Supreme Court both faced and succumbed to the immense pressure that Law Enforcement, lobbyists, and the United States Department of Justice placed on it. In response, the Court created a semantic carveout of the Fourth Amendment that permitted the practice of racially motivated Stop and Frisk, and the confiscation of contraband found during such frisks as evidence of a crime. In doing so, the Court demonstrated its allegiance to Law Enforcement—in the face of significant evidence to the contrary—by continually dismissing arguments that police practices were motivated by negative stereotypes. In legalizing the Stop and Frisk in 1968, the Court empowered Law Enforcement to practices to gradually shift away from the racially motivated police harassment from the Vagrancy Regime of the Jim Crow era to a constitutionally permissible Stop and Frisk regime. This thesis situates the advent of that change in Police Power which brought about this new regime as a primordial cornerstone in the creation of the Carceral State which was characterized by police as the agents who gathered Black bodies from American streets into the justice system.

No description available.

<p>This qualitative study looks at the experiences of youth reentering their communities after serving a custodial sentence. Interviews were conducted from the perspectives of five key informants, including youth counselors and probation officers. Based on these conversations, the nuances of youth reentry were explored in-depth. These pages contain personal stories regarding the successes and challenges that come with reentry and reentry programming. Based on the findings and relevant literature, recommendations and suggestions on how to improve reentry are made. Further, in contrast to dominant recidivism-based understandings of success, this study promotes a more holistic understanding of successful reentry outcomes.</p> / Master of Social Work (MSW)

This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the government tends to refrain from policy abandonment either due to perceived public opposition or benefits in international negotiations. Second, party resistance is not an significantly influential factor in the choice of policy abandonment over policy reinterpretation. Finally, public opinion is influential, but self-contradictory; often supporting the change in policy (increased overseas capabilities of armed forces) but opposing the concept of policy abandonment due to high attachment to the respective policies of Article 9 and neutrality.