obsession de la récidive

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Bonjour,

Je cherche à trouver le terme correct en anglais. J'ai regardé dans pas mal de dicos mais ne le retrouve pas. Des idées quelqu'un ? Merci !

Loi du 27 mai 1885 // Loi du 26 mars 1891 : l'obsession de la récidive et individualisation de la peine
La loi du 27 mai 1885 est explicitement dirigée contre la récidive.
 
  • guillaumedemanzac

    Senior Member
    English - Southern England Home Counties
    I'm not sure in English but it depends on la récidive which is female. Why? In English, it seems to mean the obsession of the recidivist (who could be a man or woman) and making the punishment fit the crime - the individualisation of the penalty imposed by a judge. If the judge is sure that the recidivist will not re-offend e.g. murder of his only sister (he can't re-offend in terms of fratricide), then he will give a lighter sentence.
    Is the law of 27 mai explicitly directed against recidivism or against the female recidivist? In English, it is clear which is recidivism (re-offending) and which is the recidivist - male or female re-offender. All those terms exist in English but without reading the laws 1885 and 1891 it is not clear in French which English term is correct.
    guillaume
     

    guillaumedemanzac

    Senior Member
    English - Southern England Home Counties
    Sorry, I am not a lawyer - I assumed it meant constant re-offenders who were obsessed with whatever it is causes them to "recidivise" (if that is the correct verb)/re-offend e.g. a shoplifter who is psychologically disturbed and has a strange form of kleptomania.
    As a result, the judge has to individualise the penalty he/she imposes according to his/her interpretation of the strength of the obsession which, if it is very strong, will cause them to do it again even though they (logically/rationally) know it is wrong legally.
    For experts in French law it may have a very specialist meaning.
    guillaume
     
    Yes, indeed Guillaume, I think that you are right. I'm beginning to think that the translation could be as simple as "obsession with recidivism," as there seems to have been a fair deal of emphasis on it at that time.

    The question is, does it relate to politicians' obsession with the issue or the obsession of recidivism, from the offender's point of view ? Does anyone have a feeling about this ?
     
    Last edited:

    lucas-sp

    Senior Member
    English - Californian
    I think a better translation might be "obsessive recidivism" or "recidivistic obsessiveness/obsessions/fixations." Perhaps, even more simply, "obsession and recidivism."

    Even though the late 19th-century was in fact obsessed with recidivism, it seems that the law is claiming that it's the recidivists who are obsessive. Projection, perhaps? But the idea is that recidivism based on obsession (for instance, in the case of pyromaniacs or flashers - it's their psycho-sexual obsessions that are causing them to re-offend, because they must start fires and expose their genitals, without any consideration of whether or not such acts are crimes) must be judged in a particular way: by gauging the relative strength of the obsession propelling the recidivism and then sentencing appropriately.
     

    tellect

    Senior Member
    French
    Yes, indeed Guillaume, I think that you are right. I'm beginning to think that the translation could be as simple as "obsession with recidivism," as there seems to have been a fair deal of emphasis on it at that time.

    The question is, does it relate to politicians' obsession with the issue or the obsession of recidivism, from the offender's point of view ? Does anyone have a feeling about this ?
    Toute la question est bien de savoir qui est obsédé. Dans le contexte d'une étude sur la psychologie des délinquants et criminels, il eut été plausible que ce soient les délinquants. Dans le cadre d'une synthèse juridico-historique (si c'est bien ça), il est plus probable qu'il s'agit d'une "obsession" des pouvoirs publics et notamment du législateur pour trouver des moyens de combattre ce fléau qu'est la récidive. L'individualisation des peines seraient l'un des moyens d'action dont disposent les juges pour essayer de faire baisser cette récidive.
    Je vote donc pour "obsession with recidivism".
     
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