L'évolution des voix/voies de femmes dans leurs écrits sur l'Église aux XVIIe et XVIIIe siècles

Feminist movements have allowed many female authors to become decisive and influential figures in literary history by studying their experiences, voices and forms of resistance. This thesis, however, focuses specifically on religious women, those seeking divine comfort outside the confines of institutional laws, or those who, out of protest, are caught in the middle. Founded on historical and feminist perspectives, this study examines the heterodox resistance of six French women living within or outside of Church boundaries during the 17th and 18th centuries: two eras that are particularly significant for women’s progress and modernity. This work strives to demonstrate how these women, doubly subjected to Church discourse and that of society, managed to live out their vocation (female and Christian) and make social, cultural and religious statements that contributed to changing the place of women in society. It aims to grasp the similarities and differences between the actions and ideas of women belonging to both the religious and secular spheres. Regardless of the century, the space and their background, women resist to masculine, patriarchal, ecclesial, political and social mediation and institutions. In locating examples of how they oppose the practices, rules and constraints that are imposed upon them, as well as of their exclusion from the socio-political space, this thesis also seeks to identify epistemological changes that mark the transition from the 17th to the 18th century. This thesis firstly outlines the necessary feminist theory upon which the project is based before identifying the evolution of women’s positions within the socio-ideological and political framework in which they lived. The questions of confession and spiritual direction are of particular interest since they serve as prime examples of masculine mediation and its issues and consequences – most notably the control of the female body and mind. The illustration of bodily metamorphoses bear testament to ideological changes, cultural awareness and female subjectivity, just as the scriptural inscriptions of unorthodox ideas and writing. The female body, both object and subject of the quest for individual and collective liberties, attests, in this way, to the movement towards Enlightenment values of freedom and justice.

TAKING ORGANIZATIONS SERIOUSLY: RESPONSIBLE AGENCY, ORGANIZATIONS AND THE CRIMINAL LAW

In the post-Enlightenment period, Anglo-American criminal law has been applied with increased force, and an ever expanding scope, to collective actors like corporations and other organizations. Recent scholarship has focused on developing “truly organizational” bases of liability that break with the conventional approach of imputing individual conduct to an organization and instead analyze culpable conduct and intent in a way that reflects the distinct and independent capacity of organizations to pursue their interests or goals collaboratively. In 2004, Canada enacted amendments inspired by these ideas in the hope they would lead to more effective criminal enforcement against organizations. Twelve years later, however, the promise of Bill C-45 is largely unfulfilled. In this thesis, I explore how much of this failure of law reform to deliver transformational change is attributable to an individualist bias that permeates how we think about what it means to be responsible and how this then shapes the responsibility ascription process. Using an analytical framework that combines criminal law theory with selected aspects of rational-structural theory and organization culture, I suggest that a promising way forward may lie in reframing the essential qualities required to be a subject of the criminal law in a way that captures the unique attributes that make organizations different from individuals. The resulting organizational concept of responsible agency allows for an integration of organizational reality into how we assess organizational culpability while keeping the ambit of criminal liability within the limits of what is practicable and fair. This better aligns with the spirit of Bill C-45: to impose criminal liability in a way that takes organizations – and their crimes – seriously.