L'abrogation de la peine de mort en france : une étude de sociologie législative (1976-1981)

Abstract

At the end of two centuries of recurrent debate and abortive attempts at abolition, the death penalty was abolished in France on 9 October 1981. Analysis of the genesis of the 1981 law led to a much wider study of the long history of the attempts at abolition, with its incarnations in 1791 and 1906, when capital punishment might have been abolished. In 1981, as in 1906, lawyers played a major role in developing the project and bringing it into legislation. Socialised in radical ideological circles, the promoters of the legislation were concerned to reaffirm their loyalty to the republican heritage. Abolition hence appeared as a legitimate symbolic measure, voted in the context of the period of grace which followed the socialist victory in spring 1981. The favourable evolution of European legislation and the approval of international organisations, the absence of mobilisation of contrary elements through the draining away of controversy and divisions amongst retentionists were all favourable to the promoters. Despite sporadic reanimation of the debate, the promoters managed to make absolute the abrogation of the death penalty in 1985 with the adoption by France of the sixth additional protocol to the European Convention of Human Rights, with no return to the status quo ante being apparent to this day.