DOCSLIB.ORG

The Enlightenment, America's Death Penalty, and the Abolition Movement, 4 Nw

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Enlightenment, America's Death Penalty, and the Abolition Movement, 4 Nw Northwestern Journal of Law & Social Policy Volume 4 | Issue 2 Article 1 2009 Revisiting Beccaria's Vision: The nliE ghtenment, America's Death Penalty, and the Abolition Movement John D. Bessler Recommended Citation John D. Bessler, Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, and the Abolition Movement, 4 Nw. J. L. & Soc. Pol'y. 195 (2009). http://scholarlycommons.law.northwestern.edu/njlsp/vol4/iss2/1 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Law & Social Policy by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2009 by Northwestern University School of Law Volume 4 (Fall 2009) Northwestern Journal of Law and Social Policy Revisiting Beccaria’s Vision: The Enlightenment, America’s Death Penalty, and the Abolition Movement John D. Bessler* I am certainly not an advocate for frequent changes in laws and constitutions. But laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors. —Thomas Jefferson** Perhaps the whole business of the retention of the death penalty will seem to the next generation, as it seems to many even now, an anachronism too discordant to be suffered, mocking with grim reproach all our clamorous professions of the sanctity of life. *** —Benjamin N. Cardozo * Visiting Associate Professor of Law, The George Washington University Law School, Washington, D.C. The author has taught a death penalty seminar since 1998, first as an adjunct professor at the University of Minnesota Law School and later at The George Washington University Law School. The author extends a special thanks to Dean Frederick Lawrence for making available a summer research grant; research assistants Michael Ansell, Jonathan Auerbach and Mark Taticchi; his many former students for their thoughtful in-class participation; and the guest speakers who shared their own insights—both in class and in their writings—over the years: the late Hon. Donald P. Lay of the U.S. Court of Appeals for the Eighth Circuit; Sandra Babcock and Joseph Margulies at the Northwestern University School of Law; Robin Maher, Director of the ABA’s Death Penalty Representation Project; Richard Dieter, Executive Director of the Death Penalty Information Center; David Lillehaug, former U.S. Attorney for the District of Minnesota; Susan Karamanian, GW’s Associate Dean for International and Comparative Legal Studies; the Hon. Bruce Peterson; and Tom Fraser, John Getsinger, Andre Hanson, Tom Johnson, Steven Kaplan, Steve Pincus, Tim Rank, Jim Volling and Steve Wells—all lawyers in private practice who have worked on capital cases. The author also thanks the Journal’s staff, especially George Balgobin, Jason Britt, Sarah Hoffman, Amanda Inskeep, David King, Lauren Matecki, Michelle Olson, and Heather Renwick, for their invaluable editorial assistance. The views expressed here are solely those of the author. ** Letter from Thomas Jefferson to Samuel Kercheval, July 12, 1816. This excerpt from Jefferson’s letter is one of four inscriptions chiseled in stone at the Jefferson Memorial in Washington, D.C. *** BENJAMIN N. CARDOZO, LAW AND LITERATURE 93–94 (1931). Cardozo made this prediction in 1931, a year before his appointment to the Supreme Court. Carol S. Steiker, Capital Punishment and American Exceptionalism, 81 OR. L. REV. 97, 97 (2002). NORTHWESTERN JOURNAL OF LAW AND SOCIAL POLICY [2009 I. INTRODUCTION ¶1 In 1764, Cesare Beccaria, the 26-year-old eldest son of an Italian nobleman, published a short treatise, Dei delitti e delle pene, that was translated into English three years later as On Crimes and Punishments.1 In it, Beccaria argued that “there must be proportion between crimes and punishments.”2 Beccaria—the father of the abolitionist movement3—pointedly asked: “Is death really a useful or necessary punishment for the security or good order of society?”4 “By what right,” he pondered, “can men presume to 1 CESARE BECCARIA, ON CRIMES AND PUNISHMENTS AND OTHER WRITINGS xxxi (Richard Bellamy ed., Richard Davies trans., 1995) [hereinafter BECCARIA (Bellamy ed.)]; see also MARCELLO MAESTRO, CESARE BECCARIA AND THE ORIGINS OF PENAL REFORM 5 (1973) (“Born in Milan on March 15, 1738, he was the first son of aristocratic though not very wealthy parents, Giovanni Saverio and Maria Beccaria. His full name and title were Marchese Cesare Beccaria Bonesana.”). The first Italian edition of Beccaria’s book—a slender volume coming in at slightly more than 100 pages—was published by Aubert of Leghorn and was received in Milan on July 16, 1764. Id. at 20. The first English translation of the book became available in the United States in the 1770s. See id. at 43 n.10; CAPITAL PUNISHMENT IN THE UNITED STATES: A DOCUMENTARY HISTORY 4 (Bryan Vila & Cynthia Morris, eds.,1997); LOUIS P. MASUR, RITES OF EXECUTION: CAPITAL PUNISHMENT AND THE TRANSFORMATION OF AMERICAN CULTURE, 1776–1865, at 52 (1989). By the end of the eighteenth century approximately sixty editions of On Crimes and Punishments had been published. MAESTRO, supra, at 43. A more complete history of Beccaria’s book—and additional information about the editions and translations of it—can be found elsewhere. See, e.g., BECCARIA (Bellamy ed.) supra, at xli–xliv, xlvi–xlvii; STUART BANNER, THE DEATH PENALTY: AN AMERICAN HISTORY 91 (2002). There are multiple English translations of Beccaria’s On Crimes and Punishments. CESARE BECCARIA, ON CRIMES AND PUNISHMENTS AND OTHER WRITINGS xxx (Aaron Thomas, ed., Aaron Thomas & Jeremy Parzen, trans., 2008) [hereineafter BECCARIA (Thomas ed.)]. I have chosen to utilize the most recent one, a translation published in 2008 by the University of Toronto Press as part of the Lorenzo Da Ponte Italian library series. André Morellet completed a French translation of the book in 1765, and German, Swedish, Russian, Spanish and early English translations were often based on that French translation, which radically reorganized Beccaria’s book and transposed whole paragraphs and sentences. Id. at xxvii–xxx; MAESTRO, supra, at 40–43. The French translation of Beccaria’s book, prepared by Morellet, was not even sent to Beccaria until after its publication in France. BECCARIA (Bellamy ed.), supra, at 119–20 n.4; MAESTRO, supra, at 40. What has been described as the “authoritative Italian edition” of Dei delitti e delle pene—one that Beccaria himself had a hand in revising—came out in 1766 as Beccaria’s fame was growing around the globe. Aside from the translation utilized here, only two other English translations of that authoritative Italian text exist. BECCARIA, (Thomas ed.), supra, at xxx & n.48 (citing BECCARIA (Bellamy ed.), supra & CESARE BECCARIA, ON CRIMES AND PUNISHMENTS (David Young trans., 1986) [hereineafter BECCARIA (Young trans.)]). 2 BECCARIA (Thomas ed.), supra note 1, at 17. Beccaria believed that crimes are “distributed across a scale that moves imperceptibly by diminishing degrees from the highest to the lowest” and that “[i]f geometry were applicable to the infinite and obscure combinations of human actions, there would be a corresponding scale of punishments, descending from the most severe to the mildest.” Id. at 18. 3 See WILLIAM A. SCHABAS, THE ABOLITION OF THE DEATH PENALTY IN INTERNATIONAL LAW 5 (3d ed. 2002); Hugo Adam Bedau, Interpreting the Eighth Amendment: Principled vs. Populist Strategies, 13 T.M. COOLEY L. REV. 789, 805 (1996) (“The original impetus to abolish the death penalty two hundred years ago in Europe was fueled by Cesare Beccaria’s little book, On Crimes and Punishments, and by Jeremy Bentham in England.”). The term “abolitionist” is commonly used to refer to opponents of slavery or to opponents of capital punishment. See Krista L. Patterson, Acculturation and the Development of Death Penalty Doctrine in the United States, 55 DUKE L.J. 1217, 1226 (2006). It is used here to refer to anti-death penalty advocates. The connection between opponents of slavery and the death penalty is a long-standing one. Anti-slavery activists, such as Frederick Douglass, often also opposed capital punishment. See WILLIAM S. MCFEELY, FREDERICK DOUGLASS 189 (1991); FREDERICK DOUGLASS, THE LIFE AND WRITINGS OF FREDERICK DOUGLASS 418 (Phillip S. Foner, ed., 1950); Dr. James J. Megivern, Our National Shame: The Death Penalty and the Disuse of Clemency, 28 CAP. U. L. REV. 595, 595–96 (2000) (citing 3 THE FREDERICK DOUGLASS PAPERS 242–48 (John W. Blassingame ed., 1979)). 4 BECCARIA (Thomas ed.), supra note 1, at 26 (italics in original). 196 Vol. 4:2] John D. Bessler slaughter their fellows?”5 “It seems absurd to me,” Beccaria continued, “that the laws, which are the expression of the public will, and which execrate and punish homicide, should themselves commit one, and that to deter citizens from murder they should order a public murder.”6 ¶2 Beccaria railed against the barbarity of state-sanctioned executions, viewing them as violative of natural law. “[S]overeignty and the laws,” he wrote, “are nothing but the sum of the smallest portions of the personal liberty of each individual; they represent the general will, which is the aggregate of particular wills.”7 “Who has ever willingly given other men the authority to kill him?” he asked rhetorically,8 adding that “the death penalty is not a right, but the war of a nation against a citizen.”9 Viewing life itself as “a natural right,”10 Beccaria vehemently called for the death penalty’s abolition.
Load more

Recommended publications
  • The Church Bells of Northamptonshire
    The Church Bells of Northamptonshire by Thomas North File 03– Pages 123 to 172 This document is provided for you by The Whiting Society of Ringers visit www.whitingsociety.org.uk for the full range of publications and articles about bells and change ringing ; Purchased from ebay store retromedia 124 Peculiar Uses. one short peal, and one other before the burial, and one other after the burial." So much for their use. The 88th Canon directs churchwardens not to allow the superstitious use of bells upon " Holydays or Eves abrogated by the Book of Common Prayer, nor at any other times without good cause to be allowed by the jNIinister of the place, and by themselves." And the 1 1 ith Canon is directed against such as shall..." by untimely ringing of bells. ..hinder the Minister or Preacher." Ringing for Divine Service. Although one bell is all that is really essential for carr}dng out such of these direc- tions as are now usually followed, it is generally only poverty or some other difficulty, which hinders the erection in our modern churches of a number of bells, with which to ring those peals, in which almost all English churchmen delight. And so it was in more ancient times. It will be seen that in Northamptonshire several of the larger churches had five bells, some four, in the reign of Edward VI., and that whilst many had not more than three, scarcely any were satisfied with less than two. In churches where the Canonical Hours were kept the bells, or some of them, would be ringing very frequently for "the ringing of these Canonical hours let the world in those larger know the time, by day and by night ; and churches where such a custom was followed, the several bells, as well as the different ways in which they were rung for the purpose, told the precise service which was then Purchased from ebay store retromedia Peculiar Uses.
    [Show full text]
  • LETHAL INJECTION: the Medical Technology of Execution
    LETHAL INJECTION: The medical technology of execution Introduction From hanging to electric chair to lethal injection: how much prettier can you make it? Yet the prettier it becomes, the uglier it is.1 In 1997, China became the first country outside the USA to carry out a judicial execution by lethal injection. Three other countriesGuatemala, Philippines and Taiwancurrently provide for execution by lethal injection but have not yet executed anyone by that method2. The introduction of lethal injection in the USA in 1977 provoked a debate in the medical profession and strong opposition to a medical role in such executions. To 30 September 1997, 268 individuals have been executed by lethal injection in the USA since the first such execution in December 1982 (see appendix 2). Reports of lethal injection executions in China, where the method was introduced in 1997, are sketchy but early indications are that there is a potential for massive use of this form of execution. In 1996, Amnesty International recorded more than 4,300 executions by shooting in China. At least 24 lethal injection executions were reported in the Chinese press in 1997 and this can be presumed to be a minimum (and growing) figure since executions are not automatically reported in the Chinese media. Lethal injection executions depend on medical drugs and procedures and the potential of this kind of execution to involve medical professionals in unethical behaviour, including direct involvement in killing, is clear. Because of this, there has been a long-standing campaign by some individual health professionals and some professional bodies to prohibit medical participation in lethal injection executions.
    [Show full text]
  • The Death Penalty in Belarus
    Part 1. Histor ical Overview The Death Penalty in Belarus Vilnius 2016 1 The Death Penalty in Belarus The documentary book, “The Death Penalty in Belarus”, was prepared in the framework of the campaign, “Human Rights Defenders against the Death Penalty in Belarus”. The book contains information on the death penalty in Belarus from 1998 to 2016, as it was in 1998 when the mother of Ivan Famin, a man who was executed for someone else’s crimes, appealed to the Human Rights Center “Viasna”. Among the exclusive materials presented in this publication there is the historical review, “A History of The Death Penalty in Belarus”, prepared by Dzianis Martsinovich, and a large interview with a former head of remand prison No. 1 in Minsk, Aleh Alkayeu, under whose leadership about 150 executions were performed. This book is designed not only for human rights activists, but also for students and teachers of jurisprudence, and wide public. 2 Part 1. Histor ical Overview Life and Death The Death penalty. These words evoke different feelings and ideas in different people, including fair punishment, cruelty and callousness of the state, the cold steel of the headsman’s axe, civilized barbarism, pistol shots, horror and despair, revolutionary expediency, the guillotine with a basket where the severed heads roll, and many other things. Man has invented thousands of ways to kill his fellows, and his bizarre fantasy with the methods of execution is boundless. People even seem to show more humanness and rationalism in killing animals. After all, animals often kill one another. A well-known Belarusian artist Lionik Tarasevich grows hundreds of thoroughbred hens and roosters on his farm in the village of Validy in the Białystok district.
    [Show full text]
  • Outlaw: Wilderness and Exile in Old and Middle
    THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Sarah Michelle Haughey August 2011 © 2011 Sarah Michelle Haughey THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE Sarah Michelle Haughey, Ph. D. Cornell University 2011 This dissertation, The ‘Bestli’ Outlaw: Wilderness and Exile in Old and Middle English Literature explores the reasons for the survival of the beast-like outlaw, a transgressive figure who highlights tensions in normative definitions of human and natural, which came to represent both the fears and the desires of a people in a state of constant negotiation with the land they inhabited. Although the outlaw’s shelter in the wilderness changed dramatically from the dense and menacing forests of Anglo-Saxon England to the bright, known, and mapped greenwood of the late outlaw romances and ballads, the outlaw remained strongly animalistic, other, and liminal, in strong contrast to premodern notions of what it meant to be human and civilized. I argue that outlaw narratives become particularly popular and poignant at moments of national political and ecological crisis—as they did during the Viking attacks of the Anglo-Saxon period, the epoch of intense natural change following the Norman Conquest, and the beginning of the market revolution at the end of the Middle Ages. Figures like the Anglo-Saxon resistance fighter Hereward, the exiled Marcher lord Fulk Fitz Waryn, and the brutal yet courtly Gamelyn and Robin Hood, represent a lost England imagined as pristine and forested.
    [Show full text]
  • Comparative Jurisprudence(I) 1891
    University of Pennsylvania Law School Penn Law: Legal Scholarship Repository Faculty Scholarship 1995 Comparative Jurisprudence (I): What Was it Like to Try a Rat? William B. Ewald University of Pennsylvania Law School, [email protected] Follow this and additional works at: http://scholarship.law.upenn.edu/faculty_scholarship Part of the Civil Law Commons, Civil Procedure Commons, Commercial Law Commons, Ethics and Political Philosophy Commons, Jurisprudence Commons, Law and Philosophy Commons, Legal Commons, Legal Education Commons, Legal History, Theory and Process Commons, Legal Theory Commons, Natural Law Commons, and the Public Law and Legal Theory Commons Recommended Citation Ewald, William B., "Comparative Jurisprudence (I): What Was it Like to Try a Rat?" (1995). Faculty Scholarship. Paper 1405. http://scholarship.law.upenn.edu/faculty_scholarship/1405 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. COMPARATIVE JURISPRUDENCE (I): WHAT WAS IT LIKE TO TRY A RAT? WILLIAM EWALDt PART ONE I. THE RATS OF AUTUN .......................... 1898 PART TWO H. COMPARATIVE JURISPRUDENCE .................... 1948 A. Remarks on Strategy .......................... 1943 B. The Boundaries of ComparativeJurisprudence ....... 1954 1. Criteria for a New Subject ................ 1955 2. Distinguishing Comparative Jurisprudence from the Philosophy of Law ................ 1956 III. THE PRESENT STATE OF COMPARATIVE LAW ............ 1961 A. The Malaise ............................... 1961 B. The TraditionalApproaches to Comparative Law ..... 1965 1. Casebooks and Pedagogy .................. 1965 2. Works of Scholarship ..................... 1975 3. The Problem of Public Law ............... 1987 t Assistant Professor of Law and Philosophy, University of Pennsylvania.
    [Show full text]
  • DATES of TRIALS Until October 1775, and Again from December 1816
    DATES OF TRIALS Until October 1775, and again from December 1816, the printed Proceedings provide both the start and the end dates of each sessions. Until the 1750s, both the Gentleman’s and (especially) the London Magazine scrupulously noted the end dates of sessions, dates of subsequent Recorder’s Reports, and days of execution. From December 1775 to October 1816, I have derived the end dates of each sessions from newspaper accounts of the trials. Trials at the Old Bailey usually began on a Wednesday. And, of course, no trials were held on Sundays. ***** NAMES & ALIASES I have silently corrected obvious misspellings in the Proceedings (as will be apparent to users who hyper-link through to the trial account at the OBPO), particularly where those misspellings are confirmed in supporting documents. I have also regularized spellings where there may be inconsistencies at different appearances points in the OBPO. In instances where I have made a more radical change in the convict’s name, I have provided a documentary reference to justify the more marked discrepancy between the name used here and that which appears in the Proceedings. ***** AGE The printed Proceedings almost invariably provide the age of each Old Bailey convict from December 1790 onwards. From 1791 onwards, the Home Office’s “Criminal Registers” for London and Middlesex (HO 26) do so as well. However, no volumes in this series exist for 1799 and 1800, and those for 1828-33 inclusive (HO 26/35-39) omit the ages of the convicts. I have not comprehensively compared the ages reported in HO 26 with those given in the Proceedings, and it is not impossible that there are discrepancies between the two.
    [Show full text]
  • The Death Penalty: History, Exonerations, and Moratoria
    THEMES & DEBATES The Death Penalty: History, Exonerations, and Moratoria Martin Donohoe, MD Today’s topic is the death penalty. I will discuss is released to suffocate the prisoner, was introduced multiple areas related to the death penalty, including in 1924. its history; major Supreme Court decisions; contem- In 2001, the Georgia Supreme Court ruled that porary status; racial differences; errors and exonera- electrocution violates the Constitution’s prohibition tions; public opinion; moratoria; and ethics and mo- against cruel and unusual punishment, stating that it rality. I will also refute common myths, including causes “excruciating pain…cooked brains and blis- those that posit that the death penalty is humane; tered bodies.” In 2008, Nebraska became the last equally applied across the states; used largely by remaining state to agree. “Western” countries; color-blind; infallible; a deter- In the 1970s and 1980s, anesthesiologist Stanley rent to crime; and moral. Deutsch and pathologist Jay Chapman developed From ancient times through the 18th Century, techniques of lethal injection, along with a death methods of execution included crucifixion, crushing cocktail consisting of 3 drugs designed to “humane- by elephant, keelhauling, the guillotine, and, non- ly” kill inmates: an anesthetic, a paralyzing agent, metaphorically, death by a thousand cuts. and potassium chloride (which stops the heart beat- Between 1608 and 1972, there were an estimated ing). Lethal injection was first used in Texas in 1982 15,000 state-sanctioned executions in the colonies, and is now the predominant mode of execution in and later the United States. this country. Executions in the 19th and much of the 20th Cen- Death by lethal injection cannot be considered tury were carried out by hanging, known as lynching humane.
    [Show full text]
  • Beccaria, Cesare: Classical School
    Encyclopedia of Criminological Theory Beccaria, Cesare: Classical School Contributors: Andrew N. Carpenter Editors: Francis T. Cullen & Pamela Wilcox Book Title: Encyclopedia of Criminological Theory Chapter Title: "Beccaria, Cesare: Classical School" Pub. Date: 2010 Access Date: September 12, 2014 Publishing Company: SAGE Publications, Inc. City: Thousand Oaks Print ISBN: 9781412959186 Online ISBN: 9781412959193 DOI: http://dx.doi.org/10.4135/9781412959193.n19 Print pages: 74-78 ©2010 SAGE Publications, Inc. All Rights Reserved. This PDF has been generated from SAGE knowledge. Please note that the pagination of the online version will vary from the pagination of the print book. SAGE ©2010 SAGE Publications, Inc. All Rights Reserved. SAGE knowledge http://dx.doi.org/10.4135/9781412959193.n19 Cesare Beccaria was an Italian Enlightenment philosopher, politician, and economist whose celebrated book On Crimes and Punishments condemned the use of torture, argued for the abolition of capital punishment, and advocated many reforms for the rational and fair administration of law. Beccaria's ideas about legal and penal reforms, which influenced intellectuals and statesmen throughout Europe and in North America, inspired many significant reforms in the last decades of the 18th century and the first decades of the 19th century. Beccaria influenced the British philosopher Jeremy Bentham who, along with Beccaria, produced the foundational ideas of the Classical School of Criminology. Many of the reforms that Beccaria advocated remain aspirations for contemporary systems of legal justice, including punishment proportionate to the severity of the crime and [p. 74 ↓ ] the development of a system of published laws and legal procedures applied equally to all without interference by the particular interests of rulers, judges, or clerics and without providing favorable treatment to individuals of higher social, political, or economic status.
    [Show full text]
  • Gender and the Quest in British Science Fiction Television CRITICAL EXPLORATIONS in SCIENCE FICTION and FANTASY (A Series Edited by Donald E
    Gender and the Quest in British Science Fiction Television CRITICAL EXPLORATIONS IN SCIENCE FICTION AND FANTASY (a series edited by Donald E. Palumbo and C.W. Sullivan III) 1 Worlds Apart? Dualism and Transgression in Contemporary Female Dystopias (Dunja M. Mohr, 2005) 2 Tolkien and Shakespeare: Essays on Shared Themes and Language (ed. Janet Brennan Croft, 2007) 3 Culture, Identities and Technology in the Star Wars Films: Essays on the Two Trilogies (ed. Carl Silvio, Tony M. Vinci, 2007) 4 The Influence of Star Trek on Television, Film and Culture (ed. Lincoln Geraghty, 2008) 5 Hugo Gernsback and the Century of Science Fiction (Gary Westfahl, 2007) 6 One Earth, One People: The Mythopoeic Fantasy Series of Ursula K. Le Guin, Lloyd Alexander, Madeleine L’Engle and Orson Scott Card (Marek Oziewicz, 2008) 7 The Evolution of Tolkien’s Mythology: A Study of the History of Middle-earth (Elizabeth A. Whittingham, 2008) 8 H. Beam Piper: A Biography (John F. Carr, 2008) 9 Dreams and Nightmares: Science and Technology in Myth and Fiction (Mordecai Roshwald, 2008) 10 Lilith in a New Light: Essays on the George MacDonald Fantasy Novel (ed. Lucas H. Harriman, 2008) 11 Feminist Narrative and the Supernatural: The Function of Fantastic Devices in Seven Recent Novels (Katherine J. Weese, 2008) 12 The Science of Fiction and the Fiction of Science: Collected Essays on SF Storytelling and the Gnostic Imagination (Frank McConnell, ed. Gary Westfahl, 2009) 13 Kim Stanley Robinson Maps the Unimaginable: Critical Essays (ed. William J. Burling, 2009) 14 The Inter-Galactic Playground: A Critical Study of Children’s and Teens’ Science Fiction (Farah Mendlesohn, 2009) 15 Science Fiction from Québec: A Postcolonial Study (Amy J.
    [Show full text]
  • Integrating Reason Into British Penal Code 1730-1823
    International ResearchScape Journal Volume 6 Article 6 December 2019 The Unwavering Movement: Integrating Reason into British Penal Code 1730-1823 Rebecca M. Good Bowling Green State University, [email protected] Follow this and additional works at: https://scholarworks.bgsu.edu/irj Part of the Christianity Commons, Common Law Commons, Courts Commons, Criminal Procedure Commons, European History Commons, European Languages and Societies Commons, European Law Commons, History of Philosophy Commons, International and Area Studies Commons, and the Other Philosophy Commons Recommended Citation Good, Rebecca M. (2019) "The Unwavering Movement: Integrating Reason into British Penal Code 1730-1823," International ResearchScape Journal: Vol. 6 , Article 6. DOI: https://doi.org/10.25035/irj.06.01.06 Available at: https://scholarworks.bgsu.edu/irj/vol6/iss1/6 This Article is brought to you for free and open access by the Journals at ScholarWorks@BGSU. It has been accepted for inclusion in International ResearchScape Journal by an authorized editor of ScholarWorks@BGSU. Good: Integrating Reason into British Penal Code The Unwavering Movement: Integrating Reason into British Penal Code 1730-1823 At approximately 7 o’clock in the morning on July 9, 1709, Chris Slaughterford of Westbury Green was loaded into an open cart and led along a slow and solemn journey from Newgate Prison to his final destination at the Tyburn gallows. The excruciating three-mile journey would have been accompanied by common people who lined the streets, anticipating the coming execution. Slaughterford was a convicted murderer, said to have taken the life of his betrothed, Jane Young on the 5th of October 1708. Young’s body was found floating in a pond, a month after her disappearance in October appearing to have, “many marks of violence.” After public suspicion became heavily fixated on Slaughterford, he voluntarily surrendered himself to two local officers.
    [Show full text]
  • Reportable in the Supreme Court of India Criminal/Civil Original Jurisdiction Writ Petition
    REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 76 OF 2016 NAVTEJ SINGH JOHAR & ORS. …PETITIONERS VERSUS UNION OF INDIA …RESPONDENT WITH WRIT PETITION (CIVIL) NO.572 OF 2016 WITH WRIT PETITION (CRIMINAL) NO.88 OF 2018 WITH WRIT PETITION (CRIMINAL) NO.100 OF 2018 WITH WRIT PETITION (CRIMINAL) NO.101 OF 2018 WITH WRIT PETITION (CRIMINAL) NO.121 OF 2018 1 J U D G M E N T R.F. Nariman, J. 1. “The love that dare not speak its name” is how the love that exists between same-sex couples was described by Lord Alfred Douglas, the lover of Oscar Wilde, in his poem Two Loves published in 1894 in Victorian England. 2. The word “homosexual” is not derived from “homo” meaning man, but from “homo” meaning same.1 The word “lesbian” is derived from the name of the Greek island of Lesbos, where it was rumored that female same-sex couples proliferated. What we have before us is a relook at the constitutional validity of Section 377 of the Indian Penal Code which was enacted in the year 1860 (over 150 years ago) insofar as it criminalises consensual sex between adult same- sex couples. 3. These cases have had a chequered history. Writ petitions were filed before the Delhi High Court challenging the 1 Homo in Greek means ‘same’ – the Nicene creed that was accepted by the Catholic Church after the Council at Nicaea, held by Emperor Constantine in 325 AD, was formulated with the word ‘homo’ at the forefront.
    [Show full text]
  • Arizona SAR Hosts First Grave Marking FALL 2018 Vol
    FALL 2018 Vol. 113, No. 2 Q Orange County Bound for Congress 2019 Q Spain and the American Revolution Q Battle of Alamance Q James Tilton: 1st U.S. Army Surgeon General Arizona SAR Hosts First Grave Marking FALL 2018 Vol. 113, No. 2 24 Above, the Gen. David Humphreys Chapter of the Connecticut Society participated in the 67th annual Fourth of July Ceremony at Grove Street Cemetery in New Haven, 20 Connecticut; left, the Tilton Mansion, now the University and Whist Club. 8 2019 SAR Congress Convenes 13 Solid Light Reception 20 Delaware’s Dr. James Tilton in Costa Mesa, California The Prison Ship Martyrs Memorial Membership 22 Arizona’a First Grave Marking 14 9 State Society & Chapter News SAR Travels to Scotland 24 10 2018 SAR Annual Conference 16 on the American Revolution 38 In Our Memory/New Members 18 250th Series: The Battle 12 Tomb of the Unknown Soldier of Alamance 46 When You Are Traveling THE SAR MAGAZINE (ISSN 0161-0511) is published quarterly (February, May, August, November) and copyrighted by the National Society of the Sons of the American Revolution, 809 West Main Street, Louisville, KY 40202. Periodicals postage paid at Louisville, KY and additional mailing offices. Membership dues include The SAR Magazine. Subscription rate $10 for four consecutive issues. Single copies $3 with checks payable to “Treasurer General, NSSAR” mailed to the HQ in Louisville. Products and services advertised do not carry NSSAR endorsement. The National Society reserves the right to reject content of any copy. Send all news matter to Editor; send the following to NSSAR Headquarters: address changes, election of officers, new members, member deaths.
    [Show full text]