The effects of ideas on the human right and the positivist school on the passage of afflictive and infamous offenses in French criminal law

Background and Aim: Punishment is a very old concept that implies suffering. However, due to the influence of human rights and positivist thought, this concept has undergone a significant shift in meaning. The objective of this research is to understand the evolution of punishments in French criminal law under the influence of human rights and positivist thought.



Findings: Based on the influence of ideas on human rights and related schools of thought regarding punishment, we can distinguish three periods: first, the medieval period, during which emotional and starvation punishments, which contradict human rights principles, were applicable. The second period concerns the ratification of the 1971 Penal Code and the 1810 Penal Code: during this period, emotional and starvation punishments were considered in accordance with human rights principles. The third period concerns the ratification of the 1992 Penal Code, which provides for punishments that are neither emotional nor starvation-based.



Ethical Considerations: In writing the article, the originality of the texts, honesty, and trustworthiness were observed.

Conclusion: The evolution of French criminal law shows that over time, punishment has completely lost its emotional and punitive characteristics under the influence of ideas on human rights and the positivist school.