The article analyses the components of the presumption of innocence and tries to clarify some of the conceptual and logical difficulties surrounding the notion of ‘innocence’ and the structure of legal presumptions. It is argued that all conceivable literal interpretations of the maxim make little or no sense, and that the presumptions form is, as such, devoid of original content: presumptions do not explain nor justify anything but are auxiliary norms which refer to the legal consequences spelled out in other (...) norms. Therefore, the presumption of innocence can be used to express any kind of requirement and standard for the criminal process and the treatment of suspect citizens only in a tautological, albeit rhetorically forceful, way. This instrumental use of the presumption of innocence is theoretically without merit but can be practically beneficial as long as there is no developed system of fundamental rights and protections of individual freedoms in a given legal order. Finally, a functional understanding of the presumption of innocence is proposed which gives it an original, though limited field of application as a guarantee of the procedure itself, in particular of the openness of the outcome. (shrink)

The death penalty is so deeply rooted in the history of humanity that it will not be possible to abolish it any time soon, together with its ancestral models, such as lynching, stoning and torture. There is little use in appealing to absolute ethical values or to juridical principles held to be universal. A realistic approach suggests a careful consideration of the function the death penalty performed – and still performs – in the structures of political power and in the (...) hierarchical and repressive logic of religions, be they transcendent or nontranscendent. The struggle against the death penalty cannot but coincide with a wide-ranging political and cultural battle against the philosophies and ideologies that venerate “temporal idols” and demand an absolute faith tirelessly decreeing absolute punishments. The supreme punishment has always been a “religious penalty.” The supreme and definitive punishment is founded on a supreme and definitive certainty. The dogmatic certainty of the supreme judge knows no compassion – knows not the feeling of humanity’s common suffering and unhappiness; such certainty makes no provision for the misery, fragility and vulnerability of the human condition. Capital judgment upsets the only indisputable human solidarity – our solidarity against death. (shrink)

This article explores how the pre-eminent public psychology of the French Revolution – sentimentalism – shaped the necessity, understanding and construction of its most iconic public machine. The guillotine provided a solution to the problem of public executions in an age of both sentiment and reason. It was designed to rationalize punishment and make it more humane; but it was also designed to guard against the psychological effects of older, more variable and unpredictable methods of public execution on a sentimental (...) public. That public, contemporaries argued, required executions performed by an unfailing technology. Rather than focus on the role of the guillotine after 1793, the article explores how the implacable mechanical action that helped produce the Reign of Terror and multiply the cadavers of medical science was demanded by the guillotine’s origins as a sentimental machine. (shrink)

The scope of this article is to explore a body of literature that deals with the concepts of transgression, evil and festival to construct an alternative theoretical framework for violence. For the purpose of this work, the radicalisation of western-born young Muslims and so-called Islamic State's executions will be taken into consideration. The works of Bataille, Foucault, De Sade and Caillois will be the primary focus of this article. This article suggests using non-traditional criminological sources to create an alternative narrative, (...) aimed at adding a different dimension to the conversations around radicalisation and beheadings. (shrink)