Lectures on the Growth of Criminal Law in Ancient Communities 1890

, by Cherry, Richard Robert

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ISBN: 9781584771678 | 1584771674
Cover: Hardcover
Copyright: 7/1/2001

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Supplemental Materials

Introductory

Primitive Custom as to Crimes

(16)

Distinction between the terms Criminal and Penal Law

Advantages of historical study of Law

Illustrated by history of noxal actions

Instances of confusion introduced into legal principles through ignorance of their history

Ancient Laws were not commands, but Customs sanctioned by usage

Private revenge, the earliest form of punishment recognized by all communities

Prevalence of retaliation in various countries

Growth of system of pecuniary compensation instead

The death-fine in Greece

Ancient Germany

England

Ireland

Sweden

Turkish Empire

Traces of it in Roman Law

Forbidden by Mosaic Legislation

First germ of a judicial proceeding

Tribal Assemblies fix the amount of fines and enforce payment of them

Outlawry, the earliest sanction of Law

Transition from stage of Penal Law to Criminal Law

Ancient Irish Law

(39)

Value of Brehon Laws in study of ancient criminal jurisprudence

Chief authorities

The Senchus Mor

Account of its compilation

Indications of its very ancient character

Summary of principles of Brehon Law as to crimes

Eric fines

Story of the ``Fate of the Children of Turenn''

Illustrates stage of legal progress anterior to arbitration

Liability of relatives for fines

Punishment for theft

Violation of the King's ``precinct''

Problem as to the existence of a sanction

Outlawry

Progress of primitive ideas on penal law

Law of Semitic Races

Hebrew Law

(11)

Influence of Religion upon Law

Contrast of native and foreign religions in this respect

Tenacity of the Jews as to their legal and religious regulations

Hebrew Law of Homicide

Prohibition of the death fine

Institution of Cities of Refuge

First trace of a judicial proceeding in Hebrew Law

The Lex Talionis as regards lesser Injuries

Compensation allowed to be received for them

Law of private property and succession

Punishment for theft

Recognition of paternal rights

Mohammedan Law

(5)

Founded upon the Koran

Development of the law through theory of tradition

Principle of retaliation inculcated, but death fines not forbidden, as among the Jews

Practice in Persia and other Mohammedan countries as to murder;-as to accidental homicide

Punishment for theft

The Turkish Penal Code of 1840

Roman Penal Law

(22)

Slow development of the notion of a crime in the Roman system

Rapid development of legal ideas otherwise

Contrast of English and Roman law in this respect

Non

religious character of Roman Law

The XII. Tables

Their provisions as to offences

Sketch of subsequent history of penal law at Rome

Nature of obligations ex delicto

The actio furti

Comparison of Roman and English treatment of theft

How homicide was dealt with at Rome

The Quastores Paricidii

Importance of their appointment in the history of criminal law

Legislation of Sulla

Degradation of criminal trials in later period of the Republic

Three causes retarded the growth of criminal law at Rome: (1) Republican form of government; (2) Irreligious character of the people; (3) Existence of slavery

Early English Penal Law

(15)

History of English Criminal Law continuous from earliest Anglo

Saxon times to the present day

Anglo

Saxon Laws as to crimes

Private revenge recognized and allowed

Introduction of system of pecuniary fines

Legislation of Alfred to enforce fines and restrict revenge

Original position of the Kings regards criminal matters

Threefold fine for homicide

Acceptance of, discretionary in certain cases

Final prohibition of revenge by Statute of Marlbridge

Outlawry, its origin and growth

Bracton's account of it

Causes of the decline of punishment by fine:(1) Influence of Religion; (2) System of frankpledge; (3) Growth of Royal Jurisdiction

Early English Criminal Law

Origin of prosecution by the Crown in criminal matters

Modern form an Indictment

Shows traces of its history

The King's Peace

Real breach of the peace formerly necessary in order to constitute a criminal offence

System of appeals or private prosecutions for offences

Their origin and history

Instances of in reigns of Elizabeth and Charles I

Last instance of, in 1818

The wager of battle then recognized by the Court of King's Bench as part of the law of the land

Conservative character of English Law

Historical explanation of many apparently anomalous rules of modern English Criminal Law

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Lectures on the Growth of Criminal Law in Ancient Communities 1890

Table of Contents

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Lectures on the Growth of Criminal Law in Ancient Communities 1890

Table of Contents

Supplemental Materials

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