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Champ Pénal  2010 

The return of the dangerous man. Reflections on the idea of dangerousness and its uses

DOI: 10.4000/champpenal.7753

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Abstract:

In France, the re-emergence of the notion of dangerousness in the process of law making has rendered it necessary to elaborate on the objectives of political actors. (Act on the Retention of Safety and the Declaration of Criminal Irresponsibility Due to Mental Disorder, 25 February 2008., Act of August 10, 2007 Strengthening the Fight Against Recidivism in Adults and Minors) The aim of this article is to analyse the social construction of this notion through the criminological discourse prevalent at the end of the XIXth century. The Third Republic was preoccupied with the question of recidivism, fearing degeneration and a declining birth rate, and was seduced by another notion emerging at this time: eugenism. Contemporary law making has reactivated a historical heritage based on extreme measures that have derived from these concepts. Based on a socio-historical approach, this article attempts to understand the mechanisms of governance in a republican society, as well as the influence of these mechanisms in the production of legal, political, moral and societal norms.

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