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20 - Violence and Justice in Europe: Punishment, Torture and Execution

from Part IV - The State, Punishment and Justice

Published online by Cambridge University Press:  13 March 2020

Robert Antony
Affiliation:
Guangzhou University
Stuart Carroll
Affiliation:
University of York
Caroline Dodds Pennock
Affiliation:
University of Sheffield
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Summary

The practice of criminal justice in western and central Europe was more violent between 1400 and 1600 than before or afterwards, but sensational propaganda produced during this period exaggerates the prevalence of torture and execution. Many criminals evaded justice altogether and most defendants who were caught and brought to trial were subject to quick and relatively merciful justice. Fines, short prison sentences and banishment were far more commonplace than brutally painful execution rituals. As early as the seventeenth century, the practice of both torture and execution declined, the result of changes in Christianity, the growing confidence of secular states, and concerns that inflicting pain was inherently abusive. Enlightenment authors such as Voltaire and Beccaria, who insisted on judicial reform in the late eighteenth century, grossly distorted the actual practice of criminal justice in their own era in ways that have allowed historians to assume that criminal justice in the pre-modern period was more violent than it actually was.

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Publisher: Cambridge University Press
Print publication year: 2020

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