The Noose Hidden Under Flowers: Marriage and Law in Saint Ronan’s Well

2015 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Criminal Law ◽  
Sir Walter Scott ◽  
Law And Society ◽  
The Political ◽  
General Point ◽  
The Novel ◽  
Crime And Punishment ◽  
Waverley Novels ◽  
The Law ◽  
Harsh Critique

This chapter explores issues of the law on marriage in novels by Sir Walter Scott, focusing on Saint Ronan's Well. In a number of ways, Scott's novels can be viewed as offering a commentary on Scots law and society. Legal themes that emerge from them can indicate more general contemporary legal concerns. This general point has been demonstrated in Bruce Beiderwell's argument that the Waverley novels made an important contribution to general discourse about crime and punishment at a crucial period in the development of new penal strategies and of reform in the criminal law. The chapter argues that the theme of marriage is central to Saint Ronan's Well and shows that the novel offers a harsh critique of aspects of the Scots law on the constitution of marriage and, at another level, of that other union — the political one of Scotland with England.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

Sovereignty, Mastery, and Law in the Danish West Indies, 1672–1733

Itinerario ◽  
2019 ◽  
Vol 43 (02) ◽  
pp. 283-304
Author(s):  
Gunvor Simonsen
Keyword(s):  
West Indies ◽  
Stable State ◽  
State Sovereignty ◽  
The Political ◽  
Crime And Punishment ◽  
Legal Thinking ◽  
The Law ◽  
Danish West Indies ◽  
State Of Affairs

AbstractIn the late seventeenth and early eighteenth centuries, officers of the Danish West India and Guinea Company struggled to balance the sovereignty of the company with the mastery of St. Thomas’ and St. John's slave owners. This struggle was central to the making of the laws that controlled enslaved Africans and their descendants. Slave laws described slave crime and punishment, yet they also contained descriptions of the political entities that had the power to represent and execute the law. Succeeding governors of St. Thomas and St. John set out to align claims about state sovereignty with masters’ prerogatives, and this balancing act shaped the substance of slave law in the Danish West Indies. Indeed, the slave laws pronounced by and the legal thinking engaged in by island governors suggest that sovereignty was never a stable state of affairs in the Danish West Indies. It was always open to renegotiation as governors, with varying degrees of loyalty to the company and at times with questionable capability, strove to determine what sovereignty ought to look like in a time of slavery.

Crime and Punishment

2019 ◽  
pp. 73-106
Author(s):  
Anna Ross
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
State Building ◽  
The Political ◽  
Easy Task ◽  
Reform Agenda ◽  
Crime And Punishment ◽  
The Creation ◽  
Procedural Reform

This chapter sets out to chart the reforms to criminal and penal affairs undertaken in Prussia in the 1850s. Both Manteuffel and the Justice Minister Ludwig Simons believed that revolutionary unrest could be countered by completing unattended work from the Vormärz era pertaining to criminal justice. But realizing a reform agenda was no easy task. On the political extremes it elicited opposition, especially in the symbolically charged terrain of substantive criminal law. To avoid such complications, both ministers worked hard to shift debate to the realm of procedural reform in the 1850s, creating a surprising and largely integrating space for state-building. In doing so, the post-revolutionary ministries pursued reform without slipping into parochialism. That is, they did not permanently close avenues for the creation of a set of unified national codes to regulate criminal and penal affairs.

Reflections Upon the Political Offense in International Practice

1963 ◽  
Vol 57 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Alona E. Evans
Keyword(s):  
Criminal Law ◽  
Human Experience ◽  
The Political ◽  
The Law

The political offense represents a controversial dimension of criminal law which encompasses as many degrees of chicanery, expediency, and misery as any aspect of human experience within the realm of the law.

Mutual Benefit, Property, and the Conceptual Foundations of Trust

2017 ◽  
Author(s):  
Henrique Carvalho
Keyword(s):  
Political Theory ◽  
Criminal Law ◽  
John Locke ◽  
Thomas Hobbes ◽  
The Political ◽  
Mutual Benefit ◽  
Crime And Punishment ◽  
Theoretical Examination ◽  
Conceptual Foundations

This chapter builds on the discussion initiated in the previous chapter, contrasting the political theory of Thomas Hobbes with that of John Locke in order to argue that the same insecurity found in Hobbes’s account of criminal law and punishment is preserved in Locke’s model of society. It provides a rarely seen analysis of Locke’s account of crime and punishment, as well as the role which these concepts play in his broader political theory. This theoretical examination is used as an analogy through which to understand the tensions and contradictions found in the liberal model of criminal law, as well as its vulnerability to conditions of socio-political insecurity.

Criminal Law as Public Law III

2018 ◽  
pp. 71-110
Author(s):  
Vincent Chiao
Keyword(s):  
Criminal Law ◽  
Equal Opportunity ◽  
Public Law ◽  
The Political ◽  
Status Hierarchy ◽  
Democratic Equality ◽  
Political Ideal ◽  
Abstract Ideas ◽  
The Law

The previous chapter defended a fully political standard of justification, according to which a justification of the criminal law rests on (1) an account of when the institutions whose rules it enforces are worth supporting, and (2) an account of why its use in a particular context would be consistent with the principles that make those institutions worth supporting in the first place. This chapter offers a substantive interpretation of those more abstract ideas. Starting from a conception of a society of equals, familiar in the works of Pettit, Anderson, and Kolodny, among others, the chapter sketches an account (the political ideal of anti-deference) that is democratic, egalitarian but not equalizing, and focused on a form of freedom—central capability—as its basic evaluative currency. The chapter suggests that institutions committed to democratic equality in this sense would approve the use of the criminal law provided that those under its jurisdiction have an equal opportunity to influence the content of the law, its use does not further entrench an objectionable status hierarchy, and its use optimally protects effective access to central capability for all, criminal accused and victim alike.

scholarly journals The principle of fairness of punishment

2020 ◽  
Vol 5 (5) ◽  
pp. 176-182
Author(s):  
Kostyantyn Marysyuk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Offense ◽  
Crime And Punishment ◽  
Principle Of Justice ◽  
The Law

Abstract The principle of fairness of punishment is one of the most important starting points enshrined in the criminal law, which requires ensuring the purpose of punishment by taking into account by the court all the circumstances relating to the criminal offense and the perpetrator. The implementation of the principle of justice in punishment must be manifested in the conformity of crime and punishment. Criminal law should reflect such compliance. In this case, the criminal law will be fair – and it depends on lawmaking, and the implementation of the principle of justice for the purpose of punishment depends on law enforcement. Failure to comply with the principle of justice in lawmaking en-tails its violation in the application of criminal law. However, the existence of a fair criminal law does not mean that the principle of fair sentencing will not be violated in the process of its application. This principle is most often violated in the law enforcement activities of state bodies and their officials.

scholarly journals Antara Kebebasan dan Penodaan Agama: Menimbang Proyek “Jalan Tengah” Mahkamah Konstitusi RI tentang UU Penodaan Agama

2012 ◽  
Vol 2 (2) ◽  
pp. 245-271
Author(s):  
Rumadi Rumadi
Keyword(s):  
Criminal Law ◽  
Judicial Review ◽  
Political Ideology ◽  
Religious Freedom ◽  
The Political ◽  
Political Issues ◽  
Middle Way ◽  
The Law

This paper attempts to examine to what extent the verdict of the Indonesian Mahkamah Konstitusi on the judicial review about the Law No. 1/PNPS/1965 on the eradication of blashphemy and defamation on religion has given perspective on the religious freedom and defamation of religion. It argues that the term ‘penodaan agama’ defined in the Indonesian Criminal Law is vague and has not clarified such relevant concepts as blashphemy, defamation of religion, and hatred speech. In fact, these three concepts are interchangeablely and chaotically used in this law. It also concludes that the Mahkamah Konstitusi has failed to take ‘middle way’ as to bridge and accommodate  several interests retained in this legal attempt of judicial review and the Mahkamah Konstitusi takes not only constitutional but also political issues for its legal considerations, demonstrating that MK has obliviously revived the political ideology of ‘Piagam Jakarta’.

Dostoevsky's Crime and Punishment

2019 ◽  
Keyword(s):  
The Self ◽  
The Novel ◽  
Fyodor Dostoevsky ◽  
Crime And Punishment ◽  
The Family ◽  
Self Knowledge ◽  
The Law ◽  
Utopian Thought

In Crime and Punishment, Fyodor Dostoevsky uses the commission of a double-murder to initiate and organize a diverse set of philosophical reflections. This volume contains seven essays that approach the novel through philosophical themes in order to offer both readings of the text and continuations of its reflections. The topics addressed include Dostoevsky’s presentation of mind and psychological investigation, as well as the nature of self-knowledge; emotions, in particular guilt and love, and their role in overcoming ambivalence toward existence; the nature of agency; the metaphysical conditions of freedom and the possibility of evil; the family and the failure of utopian thought; individuality and the authority of the law; and Bakhtin’s conceptions of dialogue and polyphony and his views of the self and generative time.

Old Mortality

2009 ◽  
Author(s):  
Walter Scott
Keyword(s):  
United Kingdom ◽  
Seventeenth Century ◽  
Cultural History ◽  
Religious Beliefs ◽  
The Political ◽  
Central Character ◽  
The Novel ◽  
Historical Romance ◽  
Waverley Novels ◽  
History Of

Old Mortality (1816), which many consider the finest of Scott’s Waverley novels, is a swift-moving historical romance that places an anachronistically liberal hero against the forces of fanaticism in seventeenth-century Scotland, in the period infamous as the ‘killing time’. Its central character, Henry Morton, joins the rebels in order to fight Scotland’s royalist oppressors, little as he shares the Covenanters’ extreme religious beliefs. He is torn between his love for a royalist’s granddaughter and his loyalty to his downtrodden countrymen. As well as being a tale of divided loyalties, the novel is a crucial document in the cultural history of modern Scotland. Scott, himself a supporter of the union between Scotland and England, was trying to exorcise the violent past of a country uncomfortably coming to terms with its status as part of a modern United Kingdom. This novel is in itself a significant political document, in which Scott can be seen to be attempting to create a new centralist Scottish historiography, which is not the political consensus of his own time, the seventeenth century, or today.

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