CRI343H1 Lecture Notes - Lecture 4: Feudalism, Land Law, Victimless Crime
20 Jun 2020
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Increase in number offences punishable by death but not a lot of people were hanged. Lord couldn"t just sell the land, wasn"t his land to sell: rights to land were not absolute, came with obligations and duties, depended on ones place in hierarchy, had to duty to lets peasants use land. If u tried to sell the land you would end up in situation where your trying to transfer your rights in the feudal hierarchy to someone else: people immobile. Law wasn"t needed to define rights in feudal system: rights were determined through traditions (defined by people"s unequal position in hierarchy) didn"t need courts. Judges visible representations of state power: trials = entertainment, spectacle that took place in court room, people came to watch trials and executions, entertainment factor in judges clothing. Its incorrect to look back & see sudden increase in capital offences that didn"t result in hangings.
