scholarly journals PROPORTIONATE MAIMING: THE ORIGINS OF THOMAS JEFFERSON'S PROVISIONS FOR FACIAL DISFIGUREMENT IN BILL 64

2019 ◽  
Vol 29 ◽  
pp. 127-151
Author(s):  
Emily Cock
Keyword(s):  
Eighteenth Century ◽  
Death Penalty ◽  
Thomas Jefferson ◽  
Facial Appearance ◽  
Anglo Saxon ◽  
Facial Disfigurement ◽  
The Law ◽  
Formed Part ◽  
Facial Difference

ABSTRACTIn 1779, Thomas Jefferson proposed the use of nose-cutting to punish women convicted of specific offences, and the use of retaliation (lex talionis) for anyone who deliberately disfigured another person. These punishments were intended to replace the death penalty for these crimes, and as such formed part of Jefferson's attempt to rationalise the Virginian law code in line with eighteenth-century reform principles. Jefferson drew on British laws from the Anglo-Saxon period to the Coventry Act for his bill, but his proposals contrast strikingly with British movements away from corporal marking as punishment used against their own citizens. This article examines the origins and fates of equivalent crimes and punishments in the law codes Jefferson examined, and compares the legal and wider connotations of facial appearance and disfigurement that made these proposals coherent in Virginia when they had long ceased elsewhere. Tracing examples and discussion of these intersecting cases will greatly increase our understanding of Jefferson's proposals, and the relationships between facial difference, stigma and disability in eighteenth-century America.

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

Sententiousness and the Novel: Laying Down the Law in Eighteenth-Century French Fiction.

1987 ◽  
Vol 20 (4) ◽  
pp. 483
Author(s):  
Peggy Kamuf ◽  
Geoffrey Bennington
Keyword(s):  
Eighteenth Century ◽  
The Novel ◽  
The Law

Married Women Bankrupts in the Age of Coverture

2009 ◽  
Vol 34 (02) ◽  
pp. 265-299 ◽  
Author(s):  
Karen Pearlston
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Married Woman ◽  
Married Women ◽  
Separate Property ◽  
The Law

Many married women with separate property held their property as stock‐in‐trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.

scholarly journals Asia's Declining Death Penalty

2010 ◽  
Vol 69 (2) ◽  
pp. 337-346 ◽  
Author(s):  
David T. Johnson
Keyword(s):  
Eighteenth Century ◽  
Death Penalty ◽  
Qing Dynasty ◽  
Human History ◽  
Late Qing Dynasty ◽  
Late Qing ◽  
Privileged Position ◽  
Wide Range ◽  
Ancient Israel ◽  
Capital Crimes

For most cultures and most of human history, the death penalty was taken for granted and directed at a wide range of offenders. In ancient Israel, death was prescribed for everything from murder and magic to blasphemy, bestiality, and cursing one's parents. In eighteenth-century Britain, more than 200 crimes were punishable by death, including theft, cutting down a tree, and robbing a rabbit warren. China of the late Qing dynasty had some 850 capital crimes, many reflecting the privileged position of male over female and senior over junior.

From Toleration to Laïcité

2021 ◽  
Vol 31 (2) ◽  
pp. 145-161
Author(s):  
Gerhardt Stenger ◽  
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
Saint Augustine ◽  
Anglo Saxon ◽  
Modern Times ◽  
Political Justification ◽  
History Of ◽  
The Law ◽  
Pierre Bayle ◽  
The Right

This paper traces the history of the philosophical and political justification of religious tolerance from the late 17th century to modern times. In the Anglo-Saxon world, John Locke’s Letter Concerning Toleration (1689) gave birth to the doctrine of the separation of Church and State and to what is now called secularization. In France, Pierre Bayle refuted, in his Philosophical Commentary (1685), the justification of intolerance taken from Saint Augustine. Following him, Voltaire campaigned for tolerance following the Calas affair (1763), and the Declaration of the Rights of Man (1789) imposed religious freedom which, a century later, resulted in the uniquely French notion of laïcité, which denies religion any supremacy, and any right to organize life in its name. Equality before the law takes precedence over freedom: the fact of being a believer does not give rise to the right to special statutes or to exceptions to the law.

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