Criminology

Paperback | May 21, 2012

byMaurice Parmelee

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ...trace back Penal Law is the principle of simple retaliation--an eye for an eye, a tooth for a tooth, life for life. This retaliation was not imposed, but simply permitted by society. The next step is the custom of buying off vengeance, either by the individual who has inflicted the injury, or his tribe. A pecuniary payment thus comes to be looked upon as a satisfaction for a crime. The wrong-doer gains his life: the injured man something valuable, in lieu of useless vengeance, his pride at the same time being appeased by the submission: society is benefited by an end being put to disturbance and fighting. Once the custom becomes general, disputes will certainly arise as to the amount of the payment. If the parties cannot come to terms both will lose; to avoid such a contingency they agree to refer it to the arbitration of the person who is most likely to know what was usually the amount paid in similar cases--this is the poet of the tribe, whose duty it is to recite its history at the tribal meetings. The ancient Irish Law expressly tells us that in former times the legal jurisdiction was vested in the poets. The next step is the direct intervention of the tribe itself, or its chief. The conduct of the man who refuses to submit his case to arbitration is plainly unreasonable. The whole tribe is interested in preserving peace--his conduct imperils it--they will endeavour to force him'to submit. The retaliative principle again recurs here. If he refuses to pay fines, what more natural than to refuse to allow him to recover them? His honour-price is forfeited, and thereby he at once becomes a 'lawless man,' whom anybody may kill with impunity. The prototype of a modern criminal trial then appears in the solemn proclamation at the tribal meeting, by the King or...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ...trace back Penal Law is the principle of simple retaliation--an eye for an eye, a tooth for a tooth, life for life. This retalia...

Format:PaperbackDimensions:190 pages, 9.69 × 7.44 × 0.4 inPublished:May 21, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217196063

ISBN - 13:9780217196062

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