The Influence of the Mosaic Code Upon Subsequent Legislation
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The Norman who had killed a man in the Great Battle was enjoined an annual fast and penance, of great severity, through life; he who had wounded a man had a shorter discipline ; nay, he who had struck at an opponent and missed him, but with intention to hurt or kill, had, likewise, a penance enjoined. Such a discipline, imposed by the victors on them- selves in a dark and barbarous age, is surely to be noticed as one of the great triumphs of Christianity, however corrupted by superstition. But ...to return to our secular institutions : The English law divides homicide into three kinds : justifiable, excusable, and felonious. Homicide is held to be justifiable, first, where it arises by some unavoidable necessity, and by permission or command of the law ; as in the case of a public execution of a criminal duly condemned, or for the advancement of justice, as if a felon be killed in the attempt to take him. This is similar to the old Gothic constitution, which permitted a thief to be slain if he offered resist- ance to his apprehension.
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To quickly assess the difficulty of the text, read a short excerpt:
The Norman who had killed a man in the Great Battle was enjoined an annual fast and penance, of great severity, through life; he who had wounded a man had a shorter discipline ; nay, he who had struck at an opponent and missed him, but with intention to hurt or kill, had, likewise, a penance enjoined. Such a discipline, imposed by the victors on them- selves in a dark and barbarous age, is surely to be noticed as one of the great triumphs of Christianity, however corrupted by superstition. But ...to return to our secular institutions : The English law divides homicide into three kinds : justifiable, excusable, and felonious. Homicide is held to be justifiable, first, where it arises by some unavoidable necessity, and by permission or command of the law ; as in the case of a public execution of a criminal duly condemned, or for the advancement of justice, as if a felon be killed in the attempt to take him. This is similar to the old Gothic constitution, which permitted a thief to be slain if he offered resist- ance to his apprehension.
What to read after The Influence of the Mosaic Code Upon Subsequent Legislation?
You can find similar books in the "Read Also" column, or choose other free books by J Benjamin Marsden to read onlineMoreLess
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