NCJ Number
55092
Journal
Revue de droit penal et de criminologie Volume: 58 Issue: 8-10 Dated: (AUGUST, SEPTEMBER, OCTOBER 1978) Pages: 807-860
Date Published
1978
Length
54 pages
Annotation
CITING HISTORIC EXAMPLES FROM BELGIAN LAW, THIS ARTICLE EXPOSES THE TENDENCY FOR LAW TO SHIFT FROM CONSTRAINT, AUTHORITARIANISM, AND PENALIZATION TO FREEDOM, INDIVIDUALISM, AND DECRIMINALIZATION AND BACK.
Abstract
ANALYSIS OF THE DEVELOPMENT OF LEGAL PRACTICE SHOWS A MOVEMENT OVER THE LAST FEW CENTURIES TOWARD PROTECTION OF INDIVIDUAL FREEDOM AND HUMAN RIGHTS; HOWEVER, THE COMPLEXITY OF LAWS ENACTED TO GUARANTEE THESE RIGHTS HAS RESULTED IN A NETWORK OF SANCTIONS THAT IS BECOMING INCREASINGLY DIFFICULT TO MANAGE. THE PUBLIC RESPONSE HAS BEEN TO URGE DECRIMINALIZATION. DRAWING FROM ANCIENT HISTORY, AND FROM CANADIAN AND BELGIAN LEGAL HISTORIES, THIS ARTICLE POINTS OUT THAT SUCH OVERREGIMENTATION HAS OFTEN PRODUCED MOVEMENTS TOWARD DECRIMINALIZATION, WHICH IN TURN PRODUCES A FEAR FOR PERSONAL AND PUBLIC SECURITY, LEADING SOCIETY TO STRICTER ENFORCEMENT. DISCUSSIONS CENTER ON THE HISTORY OF DRUG LAWS; LEGAL INTERVENTION IN CIVIL ISSUES; THE GROWTH OF INTERACTIONISM AND SOCIAL REACTION THEORY; THE CRIMINALIZATION OF SHOPLIFTING; AND THE CONTROVERSIES SURROUNDING PORNOGRAPHY, ABORTION, ADULTERY, AND HOMOSEXUALITY. THE HISTORY OF SOCIAL AND GOVERNMENTAL REACTION TO PENALIZATION AND DECRIMINALIZATION IS ALSO EXAMINED. THE STUDY CONCLUDES THAT THE PERFECT EQUILIBRIUM BETWEEN DESPOTISM AND DEMOCRACY, AND AUTHORITARIANISM AND INDIVIDUAL FREEDOM HAS NEVER BEEN ATTAINED. FOOTNOTES SUPPLEMENT THE TEXT. --IN FRENCH. (MHP)