HIST 3850 Lecture Notes - Lecture 3: Bloody Code, Amherstburg
Document Summary
More functional than death penalty (very uncommon now) Incapacitation: denunciation, specific deterrence, general deterrence, reformation and rehabilitation. 18th century england: law as ideology, bloody code (250 capital crimes) Law split up into 3 elements: majesty the idea that law should be overwhelming, above humans, mercy law merciful to everyone, equity/justice law cannot be arbitrary, must follow procedures. Informal name or a punitive criminal code: not going to catch everyone but if they do, they"ll punish so severely you will never commit crimes again. Shoplifting, disguise, stealing fruit or wood, larsony would all end up in death penalty. Law should be applied to everyone regardless of place in society or wealth. Law should be applied equally to everyone and be fair. Usually wealthy did not need to commit crimes that would get them executed. Sometimes happened which reinforced idea that law applied to everyone.