From the early Middle Ages to the twentieth century, capital punishment in France, as in many other countries, was staged before large crowds of spectators. Paul Friedland traces the theory and practice of public executions over time, both from the perspective of those who staged these punishments as well as from the vantage point of the many thousands who came to 'see justice done'. While penal theorists often stressed that the fundamental purpose of public punishment was to strike fear in the hearts of spectators, the eagerness with which crowds flocked to executions, and the extent to which spectators actually enjoyed the spectacle of suffering suggests that there was a wide gulf between theoretical intentions and actual experiences. Moreover, public executions of animals, effigies, and corpses point to an enduring ritual function that had little to do with exemplary deterrence. In the eighteenth century, when a revolution in sensibilities made it unseemly for individuals to take pleasure in or even witness the suffering of others, capital punishment became the target of reformers. From the invention of the guillotine, which reduced the moment of death to the blink of an eye, to the 1939 decree which moved executions behind prison walls, capital punishment in France was systematically stripped of its spectacular elements. Partly a history of penal theory, partly an anthropologically-inspired study of the penal ritual, Seeing Justice Done traces the historical roots of modern capital punishment, and sheds light on the fundamental 'disconnect' between the theory and practice of punishment which endures to this day, nit only in France but in the Western penal tradition more generally.

Seeing Justice Done: The Age of Spectacular Capital Punishment in France

History

Friedland, Paul

Europe

Oxford University Press

From the start of the French Revolution, contemporary observers were struck by the overwhelming theatricality of political events. Examples of convergence between theater and politics included the election of dramatic actors to powerful political and military positions and reports that deputies to the National Assembly were taking acting lessons and planting paid "claqueurs" in the audience to applaud their employers on demand. Meanwhile, in a mock national assembly that gathered in an enormous circus pavilion in the center of Paris, spectators paid for the privilege of acting the role of political representatives for a day.
Paul Friedland argues that politics and theater became virtually indistinguishable during the Revolutionary period because of a parallel evolution in the theories of theatrical and political representation. Prior to the mid-eighteenth century, actors on political and theatrical stages saw their task as embodying a fictional entity―in one case a character in a play, in the other, the corpus mysticum of the French nation. Friedland details the significant ways in which after 1750 the work of both was redefined. Dramatic actors were coached to portray their parts abstractly, in a manner that seemed realistic to the audience. With the creation of the National Assembly, abstract representation also triumphed in the political arena. In a break from the past, this legislature did not claim to be the nation, but rather to speak on its behalf. 
According to Friedland, this new form of representation brought about a sharp demarcation between actors―on both stages―and their audience, one that relegated spectators to the role of passive observers of a performance that was given for their benefit but without their direct participation. Political Actors, a landmark contribution to eighteenth-century studies, furthers understanding not only of the French Revolution but also of the very nature of modern representative democracy.

Political Actors: Representative Bodies and Theatricality in the Age of the French Revolution

Literature & Fiction

Dramas & Plays

Cornell University Press

From the start of the French Revolution, contemporary observers were struck by the overwhelming theatricality of political events. Examples of convergence between theater and politics included the election of dramatic actors to powerful political and military positions and reports that deputies to the National Assembly were taking acting lessons and planting paid "claqueurs" in the audience to applaud their employers on demand. Meanwhile, in a mock national assembly that gathered in an enormous circus pavilion in the center of Paris, spectators paid for the privilege of acting the role of political representatives for a day.
Paul Friedland argues that politics and theater became virtually indistinguishable during the Revolutionary period because of a parallel evolution in the theories of theatrical and political representation. Prior to the mid-eighteenth century, actors on political and theatrical stages saw their task as embodying a fictional entity―in one case a character in a play, in the other, the corpus mysticum of the French nation. Friedland details the significant ways in which after 1750 the work of both was redefined. Dramatic actors were coached to portray their parts abstractly, in a manner that seemed realistic to the audience. With the creation of the National Assembly, abstract representation also triumphed in the political arena. In a break from the past, this legislature did not claim to be the nation, but rather to speak on its behalf. 
According to Friedland, this new form of representation brought about a sharp demarcation between actors―on both stages―and their audience, one that relegated spectators to the role of passive observers of a performance that was given for their benefit but without their direct participation. Political Actors, a landmark contribution to eighteenth-century studies, furthers understanding not only of the French Revolution but also of the very nature of modern representative democracy.

This book, by an experienced international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices (also included on accompanying diskette. This book will be a regular reference for both in-house counsel and outside practitioners. Format: This book is intended to provide, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text. Chapters 1 through 4 discuss the threshold issues faced by parties when they consider providing for a dispute resolution method in their international contract. First, should the contract provide for arbitration (by means of an arbitration clause) or litigation (by means of a consent to the jurisdiction of a designated forum)? Second, if arbitration is selected, should it be administered by an institution or non-administered (ad hoc)? Third, if institutional arbitration is selected, which institution? Fourth, how should the place of arbitration be chosen and what are the implications of the choice? Chapter 5 is a "how-to" discussion of drafting arbitration clauses, and comprises the largest section of this book. It divides the elements of an arbitration clause among three categories: essential elements; recommended elements; and optional elements. For each element, Chapter 5 offers in the text examples of workable contract language, and an explanation of alternatives. For ease of reference, the Appendices set out these same recommended clauses. Chapters 6 through 8 address special situations that may alter the considerations that lead to the selection or rejection of the clauses discussed in Chapter 5. Chapter 6 deals with drafting arbitration clauses in multi-party contracts. Chapter 7 discusses arbitration clauses in multi-contract situations. Chapter 8 analyzes the special issues presented by arbitration clauses in contracts with sovereigns. Chapter 9 discusses the utility of providing for negotiation or mediation as a mandatory first step before resort to arbitration or litigation in international contracts, and suggests language that provides for such a first step without pitfalls. Chapter 10 offers suggested language for those instances in which the parties include both an arbitration clause and a judicial forum selection clause in their contract. Chapter 11 addresses choice of law clauses, a subject distinct from dispute resolution per se but one that nevertheless should be addressed in any international contract.

Arbitration Clauses for International Contracts

Foreign & International Law

JurisNet, LLC.

See the best price to sell, buy, or rent books by Friedland, Paul. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Friedland, Paul

See the best price to sell, buy, or rent books by Friedland, Paul. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Seeing Justice Done: The Age of Spectacular Capital Punishment in France

Seeing Justice Done: The Age of Spectacular Capital Punishment in France

Political Actors: Representative Bodies and Theatricality in the Age of the French Revolution

Political Actors: Representative Bodies and Theatricality in the Age of the French Revolution

Arbitration Clauses for International Contracts