9 FEBRUARY 1972
I. History of Germanic penal law (continued): its residues in penal law of the Middle Ages. (A) The accusatory procedure, the diffamatio. (B) The system of proof: a test which determines the winner. The truth is not at stake in the oaths, ordeals, and judicial duel. (C) Private war as modality of law in the Middle Ages. The dispute outside the judicial. II. History of the transformation into judicial penal system with public action and establishment of a truth of the crime. (A) Not simply due to the influence of Roman law or Christianity, it is inscribed rather in the interplay of relations of appropriation and relations of force. (B) Criminal justice carries out a significant economic levy and contributes to the circulation of wealth. ~ Elements of this circulation: pledges (gages), dues, fines, confiscation, compensation. ~ Consequences: circulation of wealth and concentration of political power. ~ General remarks: The penal system of the Middle Ages produces its major effects at the level of the levy of goods; the contemporary penal system, at the level of the removal of individuals; comparison: fiscal/carceral, exchange/exclusion, compensation/prisons.
Unable to display preview. Download preview PDF.