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Outlawry
An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so that anyone was legally empowered to persecute or kill them. Outlawry was thus one of the harshest penalties in the legal system. In early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of '' homo sacer'', and persisted throughout the Middle Ages. A secondary meaning of outlaw is a person who systematically avoids capture by evasion and violence to deter capture. These meanings are related and overlapping but not necessarily identical. A fugitive who is declared outside protection of law in one jurisdiction but who receives asylum and lives openly and obedient to local laws in another jurisdiction is an outlaw in the first meaning but not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Early Germanic Law
Germanic law is a scholarly term used to described a series of commonalities between the various law codes (the ''Leges Barbarorum'', 'laws of the barbarians', also called Leges) of the early Germanic peoples. These were compared with statements in Tacitus and Caesar as well as with high and late medieval law codes from Germany and Scandinavia. Until the 1950s, these commonalities were held to be the result of a distinct Germanic legal culture. Scholarship since then has questioned this premise and argued that many "Germanic" features instead derive from provincial Roman law. Although most scholars no longer hold that Germanic law was a distinct legal system, some still argue for the retention of the term and for the potential that some aspects of the ''Leges'' in particular derive from a Germanic culture. While the ''Leges Barbarorum'' were written in Latin and not in any Germanic vernacular, codes of Anglo-Saxon law were produced in Old English. The study of Anglo-Saxon and con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Death
Civil death ( la, civiliter mortuus) is the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on persons convicted of crimes against the state or adults determined by a court to be legally incompetent because of mental disability. Medieval Europe In medieval Europe, felons lost all civil rights upon their conviction. This civil death often led to actual death, since anyone could kill and injure a felon with impunity.Manza, Jeff and Uggen, Christopher. Punishment and Democracy: Disenfranchisement of Nonincarcerated Felons in the United States. 'Perspectives on Politics.' Page 492. https://www.jstor.org/stable/3688812 Under the Holy Roman Empire, a person declared civilly dead was referred to as '' vogelfrei'' ('free as a bird') and could even be killed since they were completely outside the law.Article "Death, Civil;" Encyclopædia Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Persecute
Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these terms. The inflicting of suffering, harassment, imprisonment, internment, fear or pain are all factors that may establish persecution, but not all suffering will necessarily establish persecution. The threshold of severity has been a source of much debate. International law As part of the Nuremberg Principles, crimes against humanity are part of international law. Principle VI of the Nuremberg Principles states that Telford Taylor, who was Counsel for the Prosecution at the Nuremberg Trials wrote " tthe Nuremberg war crimes trials, the tribunals rebuffed several efforts by the prosecution to bring such 'domestic' atrocities within the scope of international law as 'crimes against humanity". Several subsequent international treaties incorp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weregild
Weregild (also spelled wergild, wergeld (in archaic/historical usage of English), weregeld, etc.), also known as man price (blood money), was a precept in some archaic legal codes whereby a monetary value was established for a person's life, to be paid as a fine or as compensatory damages to the person's family if that person was killed or injured by another. Overview A weregild was a defined value placed on every man graded according to rank, used as a basis of a fine or compensation for murder, disablement, injury (or certain other serious crimes) against that person. It was assessed from the guilty party, payable as restitution to the victim's family. The weregild was codified, for example, under Frankish Salic Code. Weregild payment was an important legal mechanism in early Germanic society; the other common form of legal reparation at this time was blood revenge. The payment was typically made to the family or to the clan. Similar to the way a payment was made to fa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compurgation
Compurgation, also called trial by oath, wager of law, and oath-helping, was a defence used primarily in medieval law. A defendant could establish their innocence or nonliability by taking an oath and by getting a required number of persons, typically twelve, to swear they believed the defendant's oath. The wager of law was essentially a character reference, initially by kin and later by neighbours (from the same region as the defendant), often 11 or 12 men, and it was a way to give credibility to the oath of a defendant at a time when a person's oath had more credibility than a written record. It can be compared to a legal wager, which is the provision of surety at the beginning of legal action to minimize frivolous litigation. Compurgation was found in early Germanic law, in early French law (''très ancienne coutume de Bretagne''), in Welsh law, and in the English ecclesiastical courts until the seventeenth century. In common law it was substantially abolished as a defence in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder In English Law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker (''Glanville Williams Textbook of Criminal Law''; London: Sweet & Maxwell, 2015), chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in ''DPP v Hyam''. Because murder is generally defined in law as an intent to cause serious harm or injury (alone or with others), combined with a death arising from that intention, there are certain circumstances where a death will be treated as murder even if the defendant did not wish to kill the actual victim. This is called " transferred malice", and arises in two common cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wanted Poster
A wanted poster (or wanted sign) is a poster distributed to let the public know of a person whom authorities wish to apprehend. They generally include a picture of the person, either a photograph when one is available or of a facial composite image produced by the police. Description The poster will usually include a description of the wanted person(s) and the crime(s) for which they are sought. There is typically a set monetary reward offered to whoever catches the wanted criminal that is advertised on the poster. Wanted posters are commonly produced by a police department or other public government bureaus intended for public display such as on a physical bulletin board or in the lobby of a post office. Today many wanted posters are displayed on the Internet. However, wanted posters have also been produced by vigilante groups, railway security, private agencies such as Pinkerton, or by express companies that have sustained a robbery. Wanted posters also might include rewa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aiding And Abetting
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if they are not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, committing a crime in exchange of a commission or compensation, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". Canada In Canada, a person who aids or abets in the commission of a crime is treated the same as a principal offender under the criminal law. Section 21(1) of the '' Criminal Code'' provides that: :Every one is a party to an offence who ::(a) actually commits i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Death
Social death is the condition of people not accepted as fully human by wider society. It is used by sociologists such as Orlando Patterson and Zygmunt Bauman, and historians of slavery and the Holocaust to describe the part played by governmental and social segregation in that process. Examples of social death are: *Racial and gender exclusion, persecution, slavery, and apartheid. *Governments can exclude individuals or groups from society. Examples: Protestant minority groups in early modern Europe; ostracism in Ancient Athens; Dalits in India; criminals; prostitutes, outlaws *Institutionalization and segregation of those labeled with a mental illness. *Change in the identity of an individual. This was a major theme during the Renaissance. It could be said that the degeneration theory and theories similar to this theory are the most extreme examples of social death. The idea of degeneration has been popular in both right-wing and left-wing politics. Both left-wing and right-win ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mob Justice
Mob rule or ochlocracy ( el, ὀχλοκρατία, translit=okhlokratía; la, ochlocratia) is the rule of government by a mob or mass of people and the intimidation of legitimate authorities. Insofar as it represents a pejorative for majoritarianism, it is akin to the Latin phrase ''mobile vulgus'', meaning "the fickle crowd" from which the English term "mob" originally was derived in 1680s, during the Glorious Revolution. Ochlocracy is synonymous in meaning and usage to the modern informal term "mobocracy", which arose in the 18th century as a colloquial neologism. Likewise, the ruling mobs in ochlocracies may sometimes genuinely reflect the will of the majority in a manner approximating democracy, but ochlocracy is characterised by the absence or impairment of a procedurally civil and democratic process. An "ochlocrat" is one who is an advocate or partisan of ochlocracy. It also may be used as an adjective ("ochlocratic" or "ochlocratical"). Etymology Ochlocracy come fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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