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French military justice constituted an âexceptional jurisdictionâ: a legal subsystem designed to serve not justice but discipline, and carefully insulated from external political intervention. Reformers had attempted to ameliorate its harshness. But when the Clemenceau government elected to abort further reforms in 1907â09, it strengthened the case of radicals who insisted that military justice was unreformable by the bourgeois state. Radicals sought not to improve the quality of military justice, but to expose its linkage to the class struggle (i.e., to portray the Army and its courts as devourers of proletarian youth). When Ãmile Rousset alleged that Albert Aernoult, his fellow prisoner in an Algerian compagnie de discipline, had been beaten to death by guards, he created an opportunity for radicals to advance that agenda. The Aernoult-Rousset Affair (1909â12) did breach the political insularity of French military justice. Yet the Affairâs political and juridical outcomes were ambiguous. Keywords ⢠Aernoult-Rousset Affair, law vs. politics, military justice. Introduction Sometime during the evening of July 2, 1909, a ditch-digger from Romainville named Albert Aernoult died in a sweltering cell of the military prison at Djennan-ed-Dar, in Algeria. That day, Aernoult had endured several rounds of disciplinary details. Within a few
Historical Reflections – Berghahn Books
Published: Jun 1, 2008
Keywords: Aernoult-Rousset Affair; law vs. politics; military justice
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