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The thesis primarily examines the 1797 trial of David McLane in Quebec City for spying, the steps taken by the British authorities to ensure a conviction, and McLane's activities in 1796 and 1797 in Vermont and Lower Canada on behalf of the French Minister to the United States, Pierre Adet. McLane did not receive a fair trial because the colonial administration in Lower Canada so thoroughly manipulated the legal system that a guilty verdict was assured. But, ironically, McLane was a guilty man, having been hired by Adet to find sympathizers who would help instigate a rebellion in the colony; he was also employed to gather military intelligence and to help the French seize Lower Canada. The paper also looks at the attempts of the French between 1793 and 1797 to stir up unrest in the colony and their intentions to spark a rebellion and/or to invade Lower Canada. Furthermore, the work discusses the fear that the colony's English community felt due to their perception of the French threat and to their belief that the local Francophone population might rise en masse in an insurrection. Finally, the thesis examines the steps that the English took in response to those fears. The transcript of the McLane trial was found at the Willamette University College of Law Library and the pre-trial depositions of the prosecution's witnesses were located in the collection of the Oregon Historical Society. Many of the research materials were obtained from the libraries of Portland State University, Lewis and Clark College, Willamette University, Oregon State University, the University of Oregon, the University of New Brunswick, and the University of Western Ontario or were obtained through the interlibrary loan offices at Portland State University and the Salem Public Library. Materials were also obtained directly from Canadian historian F. Murray Greenwood, the editorial office of the Dictionary of Canadian Biography, the National Archives of Canada, the City Archives of Providence, Rhode Island, and Dr. Claire Weidemier McKarns of Encinitas, California. Most of the early Lower Canadian statutes and other information concerning Lower Canadian and British legal history were found at the Oregon Supreme Court Library. Also, most of the biographical information concerning McLane's early years and his family was found at the Genealogical Section of the Oregon State Library and through the family history centers at the Corvallis (Oregon) and the South Salem {Oregon) Stakes of the Church of Jesus Christ of Latter-Day Saints.

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This dissertation explores the relationship between violence and betrayal in retribution against military and police collaborators who helped maintain Japan’s wartime occupations up until its defeat in 1945. Looking at the approaches taken in the colonies of British Asia, postwar treason trials in the Philippines, and Chinese Communist approaches in wartime and postwar Shandong province, this study argues that the laws and rhetoric of treason were deeply flawed tools for confronting the atrocities of war. At the very moment that war crimes trials were defining a set of acts that constituted crimes against all humanity, around the world thousands of individuals who helped perpetrate them were treated as primarily guilty of crimes against the nation. Each of the chapters in this work examines the costs and consequences of this for postwar societies on the eve of decolonization and civil war. Throughout the territories under Japanese occupation, locally recruited military and police forces comprised the largest category of individuals to face accusations of treason in the aftermath of war, but were also those most likely to be complicit in atrocities. Among the ranks of the disloyal, they were both the most useful as well as the most dangerous to postwar regimes and almost always separated out from other accused collaborators. Their treason was often treated as a disease of the heart which, once cured, allowed them to be deployed once more. Attempts to try them for their betrayal often faced destabilizing political opposition, especially in cases where their wartime actions were carried out in the name of independence from colonial rule, and were almost always reduced in scale to focus on those accused both of treason and atrocities. Marred by the politics of betrayal, the resulting hybrid proceedings failed to achieve a reckoning with wartime massacres and torture. / History

This thesis explores the notion of betrayal through a sustained examination of two politically abject types – ‘the corpse/body’ and ‘the dilettante’. By expounding on what is here termed an ‘antipathology’, it performs a phenomenology of these types, not so much enclosing them as totalities, or consistent concepts/essences, as taking them in their discursive import, “at their word”. The argument unfolds via readings of Friedrich Nietzsche and Emmanuel Lévinas – both serving as each other’s readers and interpreters – taken to share the project of critiquing morality in the name of what I term, after Lévinas, ‘ethics’. This antipathology of treason aims at evoking the mechanisms of political ‘abjection’ – a concept borrowed from Julia Kristeva – employed in the traitor’s expulsion from the political. It will thus probe into the ethical implications of this expulsion, insofar as it is taken here to be inscribed deep within prevalent ethico-political discourses, part-and-parcel of their sustaining inertia.

Thèse. Droit. Rennes. 1938.

Made available in DSpace on 2014-06-11T19:26:39Z (GMT). No. of bitstreams: 0 Previous issue date: 2005-05-19Bitstream added on 2014-06-13T20:34:23Z : No. of bitstreams: 1 arias_aam_me_assis.pdf: 328561 bytes, checksum: 9e5b6608bd0b9757b92cf7b20a4186ea (MD5) / Analisamos, nesta pesquisa, as formas como a traição era representada na sociedade feudal francesa do século XIII, através da Canção de Gesta Renaut de Montauban. A narrativa deste poema trata da revolta de Reinaldo, ajudado pelos seus irmãos e pelo primo Maugis, contra o imperador Carlos Magno e a longa guerra travada até a obtenção do perdão imperial. Com isto, nos vemos confrontados com a violação dos laços de fidelidade entre o vassalo e seu senhor e os julgamentos morais de uma aristocracia cavaleiresca francesa em crise, diante do efetivo aumento do poder real capetíngio. Como não podia combater o monarca, a aristocracia incentivava a difusão de formas literárias nas quais defendia a sua ideologia, baseada nos laços vassálicos e numa visão idealizada do passado. Também procuramos verificar como se consolidou a terminologia utilizada para nomear a traição, no Ocidente medieval, baseada na Bíblia latina, em especial nos Evangelhos e no episódio da entrega de Jesus por Judas Iscariótes, cuja herança perdura até nossos dias. / It's been analyzed, in this research, the forms how treason was represented in the French feudal society of the thirteenth century through Song of Geste Renaut de Montauban. The narrative of this poem deals with Renaut's revolt, helped by his brothers and cousin Maugis, against the emperor Charles the Great and the long lasting war until reaching the imperial forgiveness. Hereby, we find ourselves facing the violation of loyalty bonds between the vassal and his master and the moral judgments of a French chivalry aristocracy in crisis, before the effective increase of the Capetingian royal power. Not being able to fight the monarch, the aristocracy would encourage the diffusion of literary forms in which it would stand up to its ideology, based on vassal bonds and an idealized view of the past. We've also tried to verify how the terminology used to relate treason was consolidated in the medieval Occident, based on the Latin Bible, especially on the gospel and the passage of Judas Iscariot handing over Jesus and whose heritage lasts to the present days.

The Civil War and Reconstruction remade the United States. The defeat of the Confederacy, end of slavery, and postwar amendments to the Constitution inaugurated a new stage in national life. The most commanding histories of the period have presented the regional and national contests over the legacies of the war. Yet, the forces shaping the nation’s transformation and the effects this process unleashed were not confined within American borders. Drawing on British, American, and Irish archives, this dissertation reveals international influences and consequences at the core of the nineteenth-century reconstitution of the United States. The legal transformation of the United States after the Civil War required the assertion of American federal sovereignty in the international sphere. Fulfillment of key aspects of Reconstruction depended upon recognition by other nations and empires. Certain subjects, such as the terms of United States citizenship, were by definition international matters and necessitated coordination with the laws and policies of foreign powers. Other fundamental issues of Reconstruction, though not intrinsically international, also compelled attention to precedents, developments, and potential ramifications abroad. Agents of the United States government could not resolve the central issues of Reconstruction unilaterally. Their debates and decisions had consequences abroad, particularly in the British Empire, during a critical period of state-building worldwide. Each chapter of this dissertation examines international dimensions of a key question of governance and canonical subject of Civil War and Reconstruction scholarship – emancipation, land reform, democracy, citizenship, treason, and federalism – to gauge the far-reaching factors that shaped American policymaking and its results. The analysis demonstrates the multiple layers of the questions the war unearthed. It also establishes that changes in constitutional and other domestic law were inextricable from the nation’s relations with foreign powers, particularly Britain. This approach captures Reconstruction as the internationally disruptive event that it was and allows for a more complete accounting of what the Civil War and Reconstruction did and did not accomplish. Developments during these years destabilized the nation’s position and commitments in the international realm but did not provide a clear path forward. The transformation of the United States’ role and power in the international realm proved more gradual and restrained than many Americans and Britons anticipated. Divisions over the Constitution as well as challenges emanating from abroad impeded the assertion of federal power both within and beyond the nation’s borders.

Orientador: Ruy de Oliveira Andrade Filho / Banca: Heloisa Costa Milton / Banca: Giulia Crippa / Resumo: Analisamos, nesta pesquisa, as formas como a traição era representada na sociedade feudal francesa do século XIII, através da Canção de Gesta Renaut de Montauban. A narrativa deste poema trata da revolta de Reinaldo, ajudado pelos seus irmãos e pelo primo Maugis, contra o imperador Carlos Magno e a longa guerra travada até a obtenção do perdão imperial. Com isto, nos vemos confrontados com a violação dos laços de fidelidade entre o vassalo e seu senhor e os julgamentos morais de uma aristocracia cavaleiresca francesa em crise, diante do efetivo aumento do poder real capetíngio. Como não podia combater o monarca, a aristocracia incentivava a difusão de formas literárias nas quais defendia a sua ideologia, baseada nos laços vassálicos e numa visão idealizada do passado. Também procuramos verificar como se consolidou a terminologia utilizada para nomear a "traição", no Ocidente medieval, baseada na Bíblia latina, em especial nos Evangelhos e no episódio da entrega de Jesus por Judas Iscariótes, cuja herança perdura até nossos dias. / Abstract: It's been analyzed, in this research, the forms how treason was represented in the French feudal society of the thirteenth century through Song of Geste Renaut de Montauban. The narrative of this poem deals with Renaut's revolt, helped by his brothers and cousin Maugis, against the emperor Charles the Great and the long lasting war until reaching the imperial forgiveness. Hereby, we find ourselves facing the violation of loyalty bonds between the vassal and his master and the moral judgments of a French chivalry aristocracy in crisis, before the effective increase of the Capetingian royal power. Not being able to fight the monarch, the aristocracy would encourage the diffusion of literary forms in which it would stand up to its ideology, based on vassal bonds and an idealized view of the past. We've also tried to verify how the terminology used to relate "treason" was consolidated in the medieval Occident, based on the Latin Bible, especially on the gospel and the passage of Judas Iscariot handing over Jesus and whose heritage lasts to the present days. / Mestre

The purpose of this thesis is to provide a legal history and analysis of how the treason clause has been utilized since the U.S. Constitution was ratified in 1789. Further, the United States and the United Kingdom share not only a historical parallel of the meaning and use of the charge of treason, but also an abandonment of using the charge today. This thesis will provide an in-depth legal history of treason charges in the United States, along with its close parallels in historical evolution and usage to that of the United Kingdom. Focusing prominently on treason throughout United States history, this project will analyze several of the famous treason trials in the nineteenth century, namely the federal prosecution of Aaron Burr in 1807, and the Commonwealth of Virginia's prosecution of John Brown for treason against a state government in 1859. This thesis will also examine the last person prosecuted for treason in the United States: Tomoya Kawakita in 1952. In addition, as a contribution to the "legal history" genre, this paper will summarize the last use of the treason offense in Great Britain in 1946, for which Nazi propaganda broadcaster William Joyce was tried and executed. The core of this thesis will be an analysis of treason law in the United States and also the United Kingdom, with a particular emphasis on why this charge was abandoned by both countries after the early 1950s, and why it should be re-instituted in the twenty-first century. The premise of this thesis will demonstrate a prominent factor in the 1950s leading to the discontinuation of the usage of the treason clause was the negative cultural impact of the era of McCarthyism, and the political misusage of the treason label for his political purposes.