Paper's abstract

Jean-Louis Halpérin, The originality of criminal doctrine in France since the Napoleonic codification
Since the Napoleonic codification, French doctrinal writing about criminal law has its own characters in comparison with other forms of legal scholarship. This paper tries to explain this originality by two successive trends towards theoretical eclecticism: the first until the years 1880 is linked with the desire to limit repression based on utilitarism, the second since the end of 19th century is an attempt to pro-tect the supposed autonomy of penal law against criminology.

Key Words : criminal doctrine, history, eclecticism, positivism, utilitarism
t. 53, 2010 : p. 26-36

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