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Crime, Police, and Penal PolicyEuropean Experiences 1750-1940$
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Clive Emsley

Print publication date: 2007

Print ISBN-13: 9780199202850

Published to Oxford Scholarship Online: September 2007

DOI: 10.1093/acprof:oso/9780199202850.001.0001

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Laws and Punishments

Laws and Punishments

(p.17) 2 Laws and Punishments
Crime, Police, and Penal Policy

Clive Emsley (Contributor Webpage)

Oxford University Press

This chapter looks at the systems and practices of criminal law in Europe towards the end of the old regime. It contrasts the Roman Law codes of much of continental Europe, where the Constitutio Criminalis Carolina was the model for many, with the Common Law practices and the ‘Bloody Code’ of England. It describes the increasing attempts by princes to subordinate to their own the courts of seigneurs and others, and the ways in which ideas of the Enlightenment, especially as crystallized by Cesare Beccaria and John Howard, sought to alleviate the use of torture and of physical punishment.

Keywords:   Bloody Code, Cesare Beccaria, Constitutio Criminalis Carolina, courts, criminal law, John Howard, torture

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