HIST 3130 Lecture Notes - Lecture 4: Penal Labour, Pillory, English Poor Laws
Document Summary
Prison reformers: departure from super naturalistic/demonic explanations, application of human reason, science of the mind move them away from superstition to rational, fair and consistent application of human reason, humanitarian 1700"s humanitarianism came to the foreground. Capital punishment: violation of natural law: developed a position where there are 2 philosophical principals in the criminal justice system, the social contract a punishment only justifiable to defend the social contract. It must ensure that everyone is motivated and must abide by it. Duelling: the rich man"s code of honour: privilege and chivalry: an insult to another"s integrity, courage, or to the honour of his lady. Failing an apology, combatant, seconds and surgeons proceeded to the duel: duels generally were required to be of equal social status. Code of honour the fight to the death for a principal. Duellist meted out their own justice (over god and king) irrational.