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Enfermements. Volume II

Heullant-Donat Isabelle
Claustre Julie
Bretschneider Falk
et al.


Texte intégral

Définir les règles

1Valentina Toneatto – Des règles à géométrie variable : modulation de la règle et pouvoir de l’abbé (ive-viie siècle)

2The monastic rules that emerge between the 4th and 7th century show a new type of normativity which aims to organize the life of a community conditioning individual behaviors. While seeming to indicate the positive norms that build the community, rules are not a normative device operating as Roman law. They codify the monk relation to time, space and material goods and submit even the intimate sphere of individual thoughts to the control of superiors. Now, carefully describing life at the monastery, the rule postulates a virtual infinity of degrees of application. To be performed, it requires the constant intervention of an authority able to assess the reality in both its private and material aspects. The principles of evaluation and modulation (of punishments, work, fasting…) establish the authority of the superior over his monks and define shapes and fields of its exercise, making monks equivalent to things entrusted by God to the management of the abbot. In this way monastic rules draw an administrative conception of power and government that is applied to human life in its entirety, reducing to something measurable even the private sphere of individuals and their thoughts.

3Hinda Hedhili-Azema – Règles de droit et règlements pénitentiaires en France au xixe siècle

4Prison became the penalty of the French system after the Revolution. French lawyers were influenced by the Age of Enlightenment, Liberalism and by the innovations of the new world. A lot of rules follow from the French system. First prison represents a new way to punish by the solitary confinement. Second prison is an option to reform the person. The criminal will be saved by the system and free after his prison sentence. With this penitentiary philosophy, the French lawyers tried to reform the administrative institutions. The regulation act represents this penal order but not only for the closed prisons. In fact, the French system included some old penalty likes deportation, relegation or irons. The penitentiary regulation represents also a discipline, specially obedience to the director of the prison. This administrative act must be written, uniform and obligatory to be just. The French history demonstrates that the ideal of justice is difficult to realize. The penitentiary rules become progressively an instrument for the lawyers to defend the prisoner through a control of the power, a control of the sanctions and a protection of the prisoners’ rights by the judge. This new discipline is called “droit penitentiaire”.

5Julie Claustre – Les règlements de geôle médiévaux Jalons pour l’étude d’un genre

6The first prisons rules which are kept in the French space date from the XIIIth and the XIVth century. They concern as well royal, municipal, seigneurial and clerical prisons. They are contemporaries of the first registers of inmates and of the first prison accounts, but they are more numerous in the documentation which reached us. They constitute together important instruments of the organization of the prisons, the use of which spreads and diversifies during these two centuries. I try here to lay the groundwork towards a study of the medieval emergence of this genre, building upon texts coming from Ile-de-France and northern French space (Lille, Cambrai, Orléans). I evoke at first the history of the discovery of this type of texts and its contribution to the historiography of the former prisons as well as the conditions of their transmission. I am then interested in the structure of these rules and in their contents. Their object and first use seems to be the pricing for the income of the gaoler. But it did not limit itself to this and specified the obligations of the gaoler and his people towards the prisoners, as well as certain rules to which these have to conform. These prison rules, which oscillate between the “care” due to the prisoners and the “diligence” expected from the gaolers, were important parts of the city law and made huge contributions to the urban social structuration.

7Isabelle Cochelin – Deux cuisines pour les moines : coquinae dans les coutumiers du xie siècle

8On the basis of some eleventh-century customaries, this article demonstrates that various monasteries (Fleury, Cluny, Fruttuaria et Hirsau) were using two kitchens to prepare the food destined to the monks’ refectory: one where monks cooked in turn beans and vegetables, and one where lay servants prepared all the remaining dishes, such as eggs, cheeses, and fish. The fact is little known by scholars (except maybe for Cluny) because monks themselves were not forthcoming on the topic. It is true that this second kitchen did not seem to fit the Benedictine ideal and the monks’ partial silence around it might simply be explained this way, but it is also possible that they did not really “see” it because they had sufficiently interiorized the regulations encouraging them to ignore the lay world around them. With the help of the plan of St Gall, two commentaries of the rule of St Benedict (by Smaragdus and Hildemar), as well as three recent archeological studies, of the abbeys of San Vincenzo al Volturno in the 8th and 9th centuries, Landévennec in the 8th to 15th, and Saint-Philibert de Tournus in the 10th to 15th, it becomes also possible to guess partly how the relative function of the two kitchens evolved drastically through time and space.

9Gordon Blennemann – Hagiographie : une norme narrée. Regards sur les Vitae de Jutta de Sponheim et de Hildegarde de Bingen, et sur le Liber visionum d’Élisabeth de Schönau

10Using hagiographical and visionary narratives about three religious women of the 12th century as examples (Jutta of Sponheim, Hildegard of Bingen and Élisabeth of Schönau), the article draws attention to hagiography as a rather underestimated element of a monastic normative discourse and suggests to analyse it as a narrative norm. The three texts show that as a narrative play hagiography opposes an element of subtlety and dynamic to the inevitable rigidity of the rule (in a generic sense) as it introduces the saint as an actor within the monastic discourse about norms as well as a role model open both to appropriation and refusal. The reader of such texts is able to follow the life and the experiences of a figure of exemplary and individualized quality with regard to the norm. In this respect, the texts tackle above all the crucial question how to deal with the tension between the individual and the monastic community. As a narrative surface of multiple forms of projection hagiography functioned as a hermeneutic complement to the rule as it helped to consider the obvious gap between a normative reference and its application in every day life in an livelier way and link it to the more abstract distance between the saints exemplarity and its potential imitator.

Le développement de l’écriture règlementaire

11Martin Scheutz – Hôpital et règlement en Autriche à l’époque moderne

12A forthcoming edition of Austrian Hospital orders will show on the one hand conditions of the origin of this type of texts. A triangulation of powers (interacting empowerment) played an important role: the centre of administration (i. e. sovereign and his officers), local office bearer and the inmates were involved in establishing house orders. On the other hand different levels of order in these spiritual Houses are important: The order of clergy and clergymen (clerical order of the year) was in the wake of the house order (time regime, labour regime and the order of the house) and finally the material order of food (following Christian year, fasting period). Periodically the house orders were posted publicly, the master of the hospital had to proclaim the house orders in front of the inmates.

13A system of checks and balances was the premiss for house orders in order to implement orders in everyday life of the inmates. Mutual control of inmates, but also mutual controls of secular and clerical attendants are characteristic of Austrian hospitals. Control of the material sources of Hospitals was a key function of the hospital master which was adjusted by written instructions and also by inventories. Especially the town council would observe all financial matters of the hospitals exactly. From the starting point of 18th century the early modern state tried to control the richness of hospital orders. New centralised house orders should establish centralised control in the Austrian hospitals, the Early Modern hospital were stronger influenced by governmental commissions.

14Ludovic Maugué – Règles et règlements dans la maison centrale de détention d’Embrun (1803-1815) : négociation, diffusion et limites d’un modèle normatif

15Within the different penitentiary systems gradually established under the Directory, the Consulate and the Empire, Central prisons (maisons centrales de detention) deserve special attention, as they are, according to prisons historian Jacques-Guy Petit, the main achievement in the French penitentiary system during the nineteenth century. The first central prison born in France (after Ghent and Vilvoorde in annexed Belgium), Embrun (Hautes-Alpes) has all the characteristics of such a facility: a large population of prisoners generally serving long sentences, forced into prison labor through workshops entrusted to the management of private contractors. Without common regulatory provisions put in place to govern the lives of these prisons, the prefect of the Hautes-Alpes Jean-Charles François Ladoucette proposes a first set of regulations in December 1803. The regulations define the prerogatives and duties of the prison employees, and set rules for the prisoners’ daily life in the prison (waking up, meals, going to bed, rewards and punishments…), however it does not regulate prison labor. Prison labor laws & regulation being entrusted to the sole will of an entrepreneur, the factory management is subject to a different set of rules, included in the agreement & contract specifications shared between the prefect of the department and the contractor. After examining the nature and content of the rules and regulations that dictate daily activities, we will gauge their limits, and then describe the 3-steps process of developing a normative model: the negotiation of rules between institutional parties, the extension of the model to other places of detention, and eventually how to harmonize this process at the state level.

16Florent Cygler – « Unité des cœurs » et « uniformité des mœurs » au défi de l’espace et du temps : les statuts des ordres religieux au Moyen Âge

17From the twelfth century onward, the religious made recourse, under the most diverse names, to a new kind of norm and normative text: statutes, which came to complete their rules and, if they had some, also their customs, which had often been written down into customaries. With time, the statutes would permanently become the main pilar of their ever evolving ius particulare. They were regulations of their own law formulated in a general and prospective manner which had been passed conjointly on the occasion of their general chapter sessions, which were duly promulgated, and which could be amended at any time. In a broader sense, statutes were also, and perhaps most importantly, official written records of such regulations which were rapidly conceived as veritable codes of law. They are one of the most striking products of the movement of wider diversification of Western vita religiosa in the form of religious orders by the model of the Cistercians, that is in the form of structured networks of monasteries which constituted legal subjects and objects consciously differentiating themselves from the others and which were governed in a transpersonal fashion.

18Daniel-Odon Hurel – De la règle de saint Benoît à la pratique réglementaire pénitentielle chez les bénédictins et bénédictines des xvie-xixe siècles : traductions, relectures et interprétations

19The rules and regulation when it comes to mistakes and penitence has long been neglected by historians of modern monasticism. However, normative documents produced by Benedictine reformers in this area are far from negligible. In their minds, these texts are faithful to the Rule, highlighting a scale by which faults are measured and a willingness to apply a general and standard rule to faulty individuals. By putting the prime responsibility of the leadership in perspective, these texts and comments are a cornerstone of community balance both in male and female contexts. Similarly, they reveal the difficulties that communities at all times have had to solve problems posed by religious designated as “rebels, stubborn, fugitives and apostates.”

Discipline et obéissance

20Albrecht Diem – L’espace, la grâce et la discipline dans les règles monastiques du haut Moyen Âge

21This article analyzes how different early medieval monastic rules (the Rules of Caesarius, Aurelian, Benedict, Columbanus and the Regula cuiusdam ad virgines) deal with the challenge of organizing collective sanctity and producing effective intercessory prayer despite the Augustinan postulate that every human is inevitably sinful and fully dependent on divine grace. Every rule develops different concepts of monastic discipline as tool for approaching a salvation. Some rules (especially those of Caesarius and Aurelian) put a strong emphasis on enclosure and separation of the monastic space from the sinful and polluting outside world; other rules (those of Benedict and Columban) use obedience, humility and the permanent confession of sins as main instruments for attaining salvation. The seventh-century Regula cuiusdam ad virgines provides the most elaborate disciplinary system, which combines the concept of enclosure with that of submission and permanent confession.

22Antoine Roullet – La régulation de la ferveur. Discipliner les pénitences des carmélites déchaussées (Espagne, ca 1560-ca 1630)

23This article analyses the way conventual chronicles enhance self-flogging and mortification in the first two generations of the discalced Carmelite order, whose reform was led by Teresa de Ávila from the 1560s to the 1580’s. Her monastic reform was built in the same time on a very strict obedience to rule and the new Constitutions and on an urging call for a more zealous mortification. In hagiographical writing processes as well as in everyday life, mortification is a double binding duty and desire which is supposed to be simultaneously zealous and moderate, secret and edifying for the others. Even though they obviously raise fears and scruples among the nuns, these tensions and the changing meaning they give of the same penitential behavior, once condemned and once praised, are a key factor to understand the struggle for power inside the community and the way the nuns used to circumvent and get over the contradictions of the rule. At the end of the sixteenth century, the taste for bloody and harsh penance which singled out some of the most prominent nuns of the order had to be moderated by their masculine superiors.

24Falk Bretschneider – Violence et obéissance. La place et le rôle des châtiments corporels dans les établissements d’enfermement aux xviiie et xixe siècles

25Has violence disappeared from the modern prison when, all over Europe, it had been the most widespread mode of punishment at the turn of the nineteenth century? Starting from the model advocated by Michel Foucault of a shift around 1800 of a criminal system centered around torture to a system of imprisonment though the discrete work of disciplines, this article questions the reality of violence as legal means of policing and enforcing rules in German detention centres in the eighteenth and nineteenth centuries. To this end, the article first examines the role of corporal punishment in German society before and after 1800. Then, through the example of Saxony, the text seeks to answer the following questions: What place does violence occupy in the concrete practices within the world of confinement? What effects does violence produce in those who have been subjected to it, and therefore what is its role in the production of obedience? Finally, how should we interpret this violence if we place ourselves at the global level of stabilization strategies of the institutional orders in which this violence was implemented? This argument highlights the persistence, even the intensification, of violent practices in German prisons after 1800. Violence in its direct, personalized and corporal form, as well as the damage it inflicts upon the body, has always been a possible option (though its use is dependent on political circumstances). This violence, however, appears less as an effective way to produce a regular daily routine as one strategy among many employed over time by an institutional arrangement anchored in the insecurity and instability of the social configurations on which it was based. In other words, violence did not produce obedience but its social role was to conceal the procedural and contradictory nature of an obedience that constituted the point of interconnection between the many power relations in the social body that is the prison.

26Axelle Neyrinck – Infractions à la règle ou débordements réglés ? Le jour des Saints-Innocents dans les Casus Sancti Galli d’Ekkehard IV

27In the Casus Sancti Galli, the chronicle of Saint Gall monastery, Ekkehard IV (ca. 980- 1057) recounts two anecdotes referring to the events of December 28th Feast of the Holy Innocents. These excerpts have received much commentary in the historiography of High Middle Ages monasteries, cloistral schools, oblates, and some early deviant aspects of the Feast of the Holy Innocents. This source, being a chronicle, has been read as a faithful report of the events. This article aims at emphasizing the strong influence of the context of the 1050’s in which the chronicle was written. This study offers a re-evaluation based on a normative approach of the text addressed to monks at the very beginning of the Gregorian Reforms. Far from being only anecdotal, Ekkehard’s typological construction establishes an ideal reflection of the community which the author attempts to preserve from the great changes of the time: the slow disappearance of child oblation, monastic offices being taken over by secular clerics, increasing control over simony… The temporal framework of the studied “anecdotes”, the Feast of the Holy Innocents, allows to highlight a dialectic composition of the source. From that result, it appears that every rule contains in itself the possibility of its transgression.


28Harmony Dewez – Obedientiales et claustrales Clôture, argent et contrôle chez les bénédictins anglais au xiiie siècle

29The reforming endeavours of the Church, regarding the Black Monks in the Thirteenth Century, were supported by an increasing production of written statutes and injunctions in the wake of the Fourth Lateran Council. This stratification of normative texts progressively defined monastic officers as obedientiaries, in opposition to cloister monks, as a response to the threats posed to monastic life by the administration of decentralized finances and of manors in demesne-farming. A closer view of these numerous sources provides a more precise articulation of how individual property, the burden of business and the necessity to exit the cloister played into the definition of this partition of the monastic community. This attempt to contain the ills of financial decentralisation worked alongside the moves towards the financial centralisation of individual houses, but did not decisively withstand the evolutions of Benedictine monasticism.

30Ana Rodríguez – Entre des conflits internes et des agents externes : clôture et monastères féminins au Moyen Âge dans le royaume de Castille-et-León

31During the central centuries of the Middle Ages the establishment and foundation of monasteries for women in the Kingdom of Castile and Leon, was the keystone in the development and implementation of strategies for the family lineage to preserve their heritage and to assure their social reproduction. In that context they were founded many monasteries for women which enjoyed the resources of power and wealth significantly higher than what is known in other regions for the same time. The specific characteristics of female monasticism will be analyzed for the twelfth and thirteenth centuries in Castile-Leon, as well as the types of conflicts that broke out inside them, taking into account the important role played by the involvement of priests of whom the nuns depended. The analysis will focus on some specific cases, such as the conflict in the Cistercian monastery of Las Huelgas of Burgos or in the Dominican convent of Las Dueñas of Zamora, in particular the impact of these conflicts their social environment. Because of their power, conflicts with the abbots of monasteries to which the nuns were subject or with the bishops of the cities where their convents were located, were probably very common, more than allows to guess the preserved documentation.

32Guy Geltner – Clôture et déclôture Ordres mendiants et menace du scandale à la fin du Moyen Âge

33Medieval friars’ wandering (errores) and their frequent contacts with the world outside their convents rendered their behavior difficult to monitor and their public image open to scrutiny, especially by comparison with traditional, cloistered monks. The mendicants, moreover, often operated in a rather factional and literate urban environment, where local and regional struggles involved them willy-nilly, and where their occasional misbehavior was more likely to be recorded or fabricated for diverse purposes. In sum, what made the brethren’s mission necessary and even popular increased their chances to fall into disgrace and precipitate scandal. Recognizing the biting reality of the mendicants’ uncloistered lifestyle challenges a tendency to see the brethren’s misbehavior and its contemporary critiques as apocalyptically driven rather than in terms of a response to the violation of social norms.

34Kristjan Toomaspoeg – Manquements et dérèglements dans l’ordre Teutonique (xiie-xve siècle)

35The Teutonic Knights represent a very special case of members of a religious order, living in a “semi-closed” space. The paper proposes some considerations on the relationship between the normative acts and the daily reality of the Knights, willing to understand, to what extent a rule or statutes may preserve the integrity a religious community heavily influenced by the secular world. The first part presents the statutes of the Teutonic Order, consisting in rule, “laws”, customs and some additional standards. Subsequently, the question is to perceive how the Teutonic law was adapted to the necessities of everyday life of the Knights, examining first of all the chapter Des freres qui vont en chemin of their rule. The central part of the communication studies the transgressions and punishments provided by the Teutonic statutes, inspired by the constitutions of the Dominican Order. Finally, the last section looks at the application of these standards, starting from the example of the possessions of the Teutonic Order in the Italian peninsula. The statutes of the Teutonic Knights are a very sophisticated example of medieval statutory legislation, that seeks to adapt itself to the multiplicity of actions of the Knights and unites the concept of obedience and discipline with the principles of collegiality and solidarity. However, as indicated by the comparative sources, this was not enough to face the changes and difficulties of the Order and its internal divisions.

36Laurence Guignard – Enfermement et suicide sous la IIIe République : le paradigme de la discipline

37During the second half of the nineteenth century, the extension of penal jail raised the question of the suicide of prisoners. The creation of a strict prevention policy in the 1860s did not prevent the continuous increase in the number of deaths; nor did it stop more radical ways of committing suicide. Using a series of administrative reports drawn after suicides, as well as legal and regulatory texts, this article seeks to demonstrate how the way the penitential institution dealt with suicide may contribute to our understanding of the nature of confinement within republican jails. Some sensitive analysts were aware of the fact that the despair of detainees could lead to suicide; the penitentiary administration, however, considered suicide exclusively as a form of rebelliousness or even as a kind of ultimate escape. This justified the reinforcement of disciplinary measures, and led to a higher control and surveillance of “those who were held at risk of committing suicide”. This justified some extreme forms of coercion such as the security cell and the straightjacket, with a higher number of suicides as a result.

38Aude Fauvel – Psychiatrie et désobéissance Écrire à l’asile : la France, la Grande-Bretagne et l’exception écossaise (xixe siècle)

39One century before the surge of anti-psychiatry, British and French anti-alienists of the 1860s were already questioning the nature of the medicine for the mind. Seeing that the creation of state-funded asylums had in fact led to the increase of mental cases, these challengers pondered the relevance of the system. To get another perspective, they thus decided to listen to the other actors of the asylum: the patients. Yet, if many historians have studied the “psychiatric power”, few have investigated this aspect and sought to examine how patients might have contravened said power in the past. This article therefore aims at exploring this issue of asylum disorders and patients’ disobedience, by shedding light on the 19th-century anti-alienist battles that took place in Britain and France, and then focusing on the case of Scotland. For contrarily to their colleagues, Scottish alienists did not reject critics; they chose to hear them and even went so far as to edit newspapers, where the mad could vent to the public. Not surprisingly then, psychiatry took another turn in Scotland, where alienists began to associate patients to the definition of their treatments and allowed them, whenever possible, to leave asylums, one third of Scottish patients being already treated ‘outdoor’ in the 1870s. The Scottish case thus shows that asylums were not necessarily fated to become “total institutions”, at least not when physicians agreed to leave some room for the disorder of mad voices.

© Éditions de la Sorbonne, 2015

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