Von der Geldbuße zu Gottes Gesetz: Die Reformation des schwedischen Strafrechts

Author(s):  
Dieter Strauch

AbstractFrom Fine to Gods Law: The Reformation oft the Swedish Penal Law. The medieval Swedish Landscape Laws punished criminal offences by fines. In early modern times the number of corporal punishments and especially death penalties increased. Only from the 14th century male and female offenders were punished alike. Further great changes were brought about by the Reformation as the biblical Mosaic death penalties were put into action for serious offences according to Guds och Sveriges lag (God’s and Sweden’s Laws). During the 16th and 17th centuries no pardon was given in cases of biblical serious offences. Only in the 19th and 20th centuries criminal law was humanized. Death penalties were not abolished before the twentieth century.

2003 ◽  
Vol 20 (1) ◽  
pp. 146-149
Author(s):  
Charles E. Butterworth

This is an appealing and clearly written account of how European thinkersfrom late medieval to early modern times reflected upon and explored thequestion of what to do about people of different religions and cultures. Inother words, how should their divergent opinions be understood and, eventually,what practical dispositions should be taken toward them? CaryNederman devotes the introduction and first chapter to an excellent,detailed explanation of the book’s focus and goals. Simply put, he is intentupon challenging two currently dominant views: that toleration emerged inEurope only at the time of the Reformation, and that it is ineluctably linkedwith the kind of political liberalism usually associated with John Locke. Tothis end, he calls the reader’s attention to expressions of religious, and evensomewhat political, toleration that appear early in the twelfth century andcontinue well into the sixteenth century. Unfortunately, he does not succeedin this ambitious, even appealing, stratagem as fully as he would havewished, for he admits in passing that he is content to “offer illustrations,”instead of a “comprehensive account,” of this phenomenon ...


Author(s):  
Yuriy Ivonin

In the History of Germany the role of Martin Luther as the prophet of autocratic State had already been prepared to the First World War. However, it became reality in the 1930-s. The development of territorial states was the main result of the Reformation. Luther’s Institution of the secular power was a part of his theory of two Kingdoms: the Kingdom of God and the Kingdom of the Earth. The discussion about the strengthening of the role of the state and its control in all spheres of the society took place in the 1720-s – 1740-s. This situation was connected with the conflict between the princes and estates or commons. Luther was afraid of civil commotions, he was deeply conservative in relation to secular powers and persistently supported the Idea that the people needed to be subordinate to the secular power. Luther’s movement was a decisive step on the way to the formation of the early Modern Times Statehood. Luther’s first activities supported the commons’ self-government or the idea of communalism, but later, especially after the Peasants’ War 1524–1526, he feared the situations when princes and magistrates could not support the Reformation and therefore, he led the concept of the territorial State of the Early Modern Times and he could not become an apologist of the autocratic state.


Author(s):  
Dale Serjeantson

Fishing, seabird fowling, and the exploitation of marine mammals persisted in settlements around the coast and islands of western and northern Scotland from prehistoric times until the twentieth century. Until the mid-first millennium ad most fishing focused on immature saithe and was carried out close to the shore, but from Norse times onwards intensive deep-sea fishing for cod took place and, in the Hebrides, a herring fishery developed. Seabirds were a minor but regular part of subsistence; some were harvested from breeding colonies and others caught more casually, often in association with fishing. Marine mammals provided food and oil; whalebone was an important raw material. As well as exploiting stranded whales, people hunted seals from their breeding sites and small cetaceans by herding them into bays and inlets.


Author(s):  
Patricia Faraldo-Cabana

The genealogy of pecuniary punishments is a story of constant reformulation in response to shifting political pressures, changes in institutional and administrative arrangements, and intellectual developments that changed ideological commitments of legislators and practitioners. Within this chronicle of reformulation, broad transformations since the late 17th century are discernible. These legal transformations, most of which have been widely discussed and debated, help delimitate old and new forms of punishment and, to some degree, different modes of constructing punishment inside the criminal law. Based on the notion that the legal discussions during the 19th century set the stage for the profound reforms initiated by the emergence of consumer societies, the discourses that unfolded from around the end of early modern times until now are analyzed, even though few could have predicted the increase in the use of fines and confiscation that would occur throughout the 20th century. For the fine to reach such a state of ubiquity, one of its most criticized characteristics derived from its monetary nature had to undergo a severe scrutiny: the unequal impact on offenders caused by the unequal distribution of money between individuals in society. Confiscation, on the other hand, after having being extensively used by the Nazi, fascist, and Francoist regimes against “people’s enemies” and political opponents, was rediscovered as one of the most powerful weapons in the fight against organized crime during the war on drugs in the 1980s. In the 21st century it has become increasingly important for countries to be able to freeze and confiscate property related to the committing of an offense, thus depriving criminals of their illicitly obtained assets.


2006 ◽  
Vol 12 (1) ◽  
pp. 97-117
Author(s):  
Jordi Piqué-Angordans ◽  
David Viera

AbstractNineteenth and early twentieth-century criticism oftentimes tended to lump literary works on the topic of women from the middle ages and early modern times as either essentially misogynist or feminist. Moral-didactic works that often fluctuated between antifeminist and profeminist opinion were often categorized as misogynist, akin to works such as Boccaccio's Corbaccio. This is the case of Francesc Eiximenis' Catalan literature, written for the most part in València. The authors of this study analyzed Eiximenis' views on women, for the most part taken from biblical, patristic, scholastic, and canonical sources, and found within his writings various contradictions. In this study, Eiximenis emerges as one who readily cited antifeminist literature, but who also defended women, whom he views as weaker than men, but equally if not more capable of being devout, performing good works, and most importantly, worthy of salvation.


1966 ◽  
Vol 2 ◽  
pp. 92-109 ◽  
Author(s):  
William A. Jenks

The historian of the seventeenth century who bewails the absence of a creditable biography of Louis XIV or of William III underlines a significant development of historical writing in the twentieth century. Overpowered by those who deny that biography can be history and convinced that the masses have never secured their due share of attention in early modern times, the scholar uneasily plots an investigation of underground discontent in the gilds of Colbert's day or resolutely pens an essay that destroys once and for all the idea that the workers of France admired Napoleon. Meanwhile, in classes which race from Petrarch to Waterloo, the scholar turned teacher admits that there actually were an age of absolutism and an age of enlightened despotism, for the royal touch is inescapable.


Author(s):  
Elia Nathan Bravo

The purpose of this paper is two-fold. On the one hand, it offers a general analysis of stigmas (a person has one when, in virtue of its belonging to a certain group, such as that of women, homosexuals, etc., he or she is subjugated or persecuted). On the other hand, I argue that stigmas are “invented”. More precisely, I claim that they are not descriptive of real inequalities. Rather, they are socially created, or invented in a lax sense, in so far as the real differences to which they refer are socially valued or construed as negative, and used to justify social inequalities (that is, the placing of a person in the lower positions within an economic, cultural, etc., hierarchy), or persecutions. Finally, I argue that in some cases, such as that of the witch persecution of the early modern times, we find the extreme situation in which a stigma was invented in the strict sense of the word, that is, it does not have any empirical content.


Author(s):  
Brandon Shaw

Romeo’s well-known excuse that he cannot dance because he has soles of lead is demonstrative of the autonomous volitional quality Shakespeare ascribes to body parts, his utilization of humoral somatic psychology, and the horizontally divided body according to early modern dance practice and theory. This chapter considers the autonomy of and disagreement between the body parts and the unruliness of the humors within Shakespeare’s dramas, particularly Romeo and Juliet. An understanding of the body as a house of conflicting parts can be applied to the feet of the dancing body in early modern times, as is evinced not only by literary texts, but dance manuals as well. The visuality dominating the dance floor provided opportunity for social advancement as well as ridicule, as contemporary sources document. Dance practice is compared with early modern swordplay in their shared approaches to the training and social significance of bodily proportion and rhythm.


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