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Genre et rapports de pouvoir dans l'institution judiciaire : Enquête sur le traitement institutionnel des déviances adolescentes par la justice pénale et civile dans la France contemporaine

Abstract : Goal: The present work aims at analyzing the institutional treatment of adolescent deviances within the juvenile justice system, based on approaches of gender and other power relations. Our main objectives are to highlight the gender-related scripts and expectations that occur in the justice system and to describe the context in which they have been produced, reproduced and legitimated by youth control institutions. Beyond gender norms, this work deepens the understanding of how multiple social norms (related to class, race and age) impact both judicial processes and institutional careers of teenagers (boys and girls) going through the justice system. Method: A one-year ethnographic survey was conducted in a French juvenile court in Créteil, complemented with a 2-month survey in the juvenile court of Paris. Judicial records in criminal (n=133) as well as civil (n=95) proceedings were analyzed, public hearings were attended and finally both semi-directive and focus group interviews with juvenile justice agents were carried out. Findings: The study of judicial records shows the existence of a differential treatment between boys and girls. In criminal proceedings, the sentencing of girls relies notably more on care and infrapenal control than the sentencing of boys, whose vulnerabilities weigh not as much. In civil proceedings, some similar patterns were observed, although not as pronounced. The in-depth analysis of records shows the permeability of sentencing to social norms linked to social position, racial identity and age categories. Conclusion: This research documents the way the judicial institution organizes the trajectory of teenagers facing the justice system, and helps to understand the mechanisms of institutional production, reproduction and legitimation of gender norms. The norms passed on by the institutions were found to be linked to other power relations, which, in turn, influence judicial processes, such as class, race or age relationships. Therefore, it is necessary to implement an intersectional sociological approach of the State’s actions and to criticize the legal universalism claimed by social control institutions.
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Arthur Vuattoux. Genre et rapports de pouvoir dans l'institution judiciaire : Enquête sur le traitement institutionnel des déviances adolescentes par la justice pénale et civile dans la France contemporaine. Sociologie. Université Sorbonne Paris Cité, 2016. Français. ⟨NNT : 2016USPCD002⟩. ⟨tel-01397402v2⟩

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