Abstract

In the German legal system, prison law is part of a larger system of laws designed for the protection of fundamental rights; in France, prison law seems to be paralyzed by its lack of a legislative foundation. However, in both countries, the everyday world of incarceration remains one that is governed by the need to maintain order and security, to the detriment of the avowed purposes of imprisonment. The question then becomes: is the law effective in allowing the exercise of rights in prison?

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