INFIRMITAS SEXUS, ANIMI LEVITAS. THE PUNISHMENT OF WOMEN UNDER THE “ANCIEN RÉGIME”
Abstract
The criminal law of the ancien régime, through law and doctrine, broadly enshrined the principle of favor sexus. The basis of this apparent privileged treatment (fragilitas, infirmitas) and the concrete solutions of an exclusively male law allow us to reflect on how nature constituted the alibi for a differentiated legal status and on the complexity and profound contradictions of the image and treatment of women criminals, then as now.
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