A written and accessible code of behavior which is enforced by a powerful entity (almost always a state actor). Part of this code includes the entities responsible for maintaining and interpreting the written statutes, the punishments that can be applied in the case of the violation of the stated ...

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6
votes
1answer
222 views

What were the factors that caused debtors' prison to disappear in most parts of the world in the 20th century?

Debtors' prison is a prison for people who are unable to pay debt. As recently as the mid 19th century, it was a common way to deal with unpaid debt in Western Europe. Debtors' prison started to ...
4
votes
1answer
109 views

History of terrorist organizations designations/undesignations by Israel

In 1948, Israel passed the Prevention of Terrorism Ordinance, which allows it to officially designate organizations as terrorists in the Official Gazette. What organizations have been designated this ...
-4
votes
0answers
24 views

Is this article on Leo Frank Accurate? [closed]

Warning, long and antisemitic: http://theamericanmercury.org/2013/04/100-reasons-proving-leo-frank-is-guilty/
2
votes
5answers
510 views

Did the Southern States make any attempt to secede from the Union through an act of Congress?

I have read the answers about the legality of southern secession - very helpful; thank you. In light of those, I have another question: Did the Southern States make any attempt to secede from the ...
12
votes
5answers
2k views

Was there a constitutional mechanism to overturn the election of Adolf Hitler?

In March 1933 Hitler received 44 % of the votes during the elections and became relatively fast a dictator. Were there any constitutional or other legal mechanisms in place through which this ...
8
votes
2answers
301 views

What documentary evidence is there that Roman crucifixion victims were completely nude?

(A few days ago, a user posted a couple good questions about the historic practice of crucifixion in Ancient Rome on the Christianity SE. Unfortunately, they posted the questions as an answer to this ...
23
votes
2answers
851 views

When did the Romans begin using the sword, as opposed to the axe, for decapitation?

According to this article, the Romans first used the axe for decapitation, and then moved to using the sword later. The article states: [B]eheading, a mode of executing capital punishment by which ...
3
votes
2answers
172 views

How did criminal law work in the Roman Empire?

I have old memory from when I was in little school: During the Roman empire, criminal law was very "flexible". You could kill nearly anyone in the Empire, as long as you were able to pay a fee to the ...
31
votes
2answers
4k views

Could women be crucified under Roman law?

(A few days ago, a user posted a couple of good questions about the historic practice of crucifixion in Ancient Rome on the Christianity SE. Unfortunately, they posted the questions as an answer to ...
9
votes
2answers
464 views

What were the Government Press Prosecutions of 1858 and why did they occur?

In the second chapter of On Liberty, John Stuart Mill mentions in a note the "Government Press Prosecutions of 1858". He further writes that "The offence charged was not that of criticising ...
8
votes
1answer
242 views

Where does the concept of traffic keeping to the “right” side of the street originate?

In any nation that has cars, there are well-understood rules about how to operate them. If a road is shared by traffic going both ways, everyone will, by law and convention, stick to either the right ...
2
votes
1answer
115 views

Name of the ancient law that forbade naming/publicising the name of a criminal?

I think it was a Roman law, and it said that when a horrific crime was committed, the criminal could not be named, and anyone who disobeyed would suffer capital punishment. I can't remember the name, ...
0
votes
4answers
1k views

Why was the the sack of cities acceptable?

When reading history, it seems that the sacking of cities (rape and/or killing of the inhabitants and pillaging) after a successful siege was a common and accepted practice... Why was it ...
8
votes
1answer
994 views

When was cannabis legalized in the Netherlands?

In which date was cannabis legalized in the Netherlands? I mean the introduction of coffee shops
32
votes
17answers
16k views

Was the secession of the Confederate states illegal?

Putting aside their reasons for wanting to do so and all the emotional responses they would provoke, was the secession of states from the Union to eventually form the Confederacy an illegal act in ...
2
votes
1answer
220 views

Did John F. Kennedy know about his judicial nominee's racism?

[Source:] On June 20, 1961, Cox was nominated by President John F. Kennedy to a new seat on the United States District Court for the Southern District of Mississippi created by 75 Stat. 80. [...] ...
10
votes
1answer
525 views

How did Rome's legal system work?

How was it decided if a case should be tried in Rome or in the province by the governor of that province? was the governor always the judge or were there exceptions? who were the lawyers? I know a lot ...
8
votes
3answers
2k views

When did the last Terra Nullius vanish from the earth?

By "Terra Nullius" or "white spot" I mean a place where you (if you were so inclined) could "legally" settle and live in some wilderness as a trapper or farmer without having to ask for permission, ...
21
votes
5answers
666 views

What were the reasons for making Prohibition a constitutional amendment?

What were the reasons that the Prohibition in the United States was passed as a constitutional amendment, rather than a normal federal law, or a set of state laws?
10
votes
1answer
817 views

Why did The Crown give assent to Apartheid legislation during the 1950s?

Why did The Crown give assent to Apartheid legislation during the 1950s? For example, the Reservation of Separate Amenities Act, Act No 49 of 1953 was assented to by the crown. The relevant law in ...
9
votes
3answers
202 views

How did the Alien and Sedition acts pass?

The Alien and Sedition acts, passed in 1798, are said to have been an attempt by the Federalist Party to suppress opposition. In Chapter 74 Section 2, the law seems to put restrictions on freedom of ...
13
votes
5answers
3k views

How compare the rights and conditions of the American slaves to those of Russian serfs?

How compare the rights and conditions of the 19-th century American slaves to those of the 19-th century Russian serfs?
4
votes
1answer
80 views

What were the effective dates of this 1968 Delaware law and this 1967 Nevada law?

What were the effective dates of each of these two laws? I am asking for purposes of my academic research, which relates to the history of the American family. 1968 Delaware, 124th General Assembly, ...
30
votes
4answers
2k views

No speed limit on German highways - why?

I wonder what are the historical circumstances that led to lack of speed limit on German federal Autobahn network. There is an advisory 130 km/h limit, but it is not mandatory one nor obeyed ...
3
votes
1answer
166 views

What were the laws on suicide in the Third Reich?

Currently it is legal to kill yourself in Germany, but what about in the past? What were the laws on suicide in the Third Reich? Was it illegal to kill yourself? What about self-maiming, like ...
2
votes
0answers
95 views

Have there ever been maximum age limits for public office in the United States?

In doing some research, I came across this obituary in "The Sabbath Recorder" At his residence in Hopkinton, R. I., Sept. 18th, Deacon Daniel Babcock, in his 85th year of his age, and the 59th ...
5
votes
1answer
297 views

Why was the Le Chapelier law annulled in Belgium?

The Le Chapelier Law was an important law in Belgium, as it implicitly disallowed the proletariat from associating, or organising a strike. As the parliament at the time (1864) was dominated by the ...
3
votes
1answer
102 views

When did the Ecclesiastical courts in England lose the authority to mete out punishments such as imprisonment and execution?

In 1401, the ecclesiastical courts in England were given the power to burn heretics. In modern times the ecclesiastical courts have no control over anyone who does not belong to the Church of England, ...
4
votes
2answers
137 views

post slavery segregation outside of the US

Other than the USA did any other countries practice a codified form of segregation after abolishing slavery?
13
votes
3answers
863 views

Were any drugs (except alcohol) forbidden during medieval or ancient times?

I assume that some drugs where known to humanity in some way or other for a long time, but I think actually prohibiting certain drugs would require a state that (for reasons of morals, public health, ...
17
votes
3answers
429 views

Has a foreign power ever sought to compel another country to abide by international law by means of that country's internal judiciary?

Suppose there are two countries which have a treaty or convention between them. One country thinks the other has infringed upon it. Have there been any instances where the first country filed a suit ...
5
votes
1answer
107 views

Why was the Halifax death penalty reserved for thefts of at least 13½ pence?

Wikipedia's article on the Halifax Gibbet says, with several citations: …ancient custom and law gave the Lord of the Manor the authority to execute summarily by decapitation any thief caught with ...
0
votes
2answers
316 views

Cult related law made in US

Was there some law formed in US after Jonestown mass suicide, regarding religious or such kind of clique/sect/cabals? or what actions were taken regarding limiting and monitoring cult activities by US ...
5
votes
1answer
831 views

What was the age of majority in 1900 United States?

What was the age of majority in 1900, in the United States? For women and for men? I am not asking about the age of consent. The age of majority is the chronological moment when minors cease to ...
12
votes
2answers
344 views

What was the legal status of an East German once he had reached West Germany?

Cold War histories usually state something like "any German able to reach West Germany was automatically granted West German citizenship" to explain how easy it was to go from East to West, if only ...
8
votes
2answers
1k views

What are the “ancient liberties” of the City of London?

I recently learned that three clauses of the Magna Carta are still part of UK law — the liberties of the English Church, the privileges of the City of London, and the right to trial by jury. I think ...
1
vote
1answer
130 views

Could invocation and revocation of bastardry be used to manipulate primogeniture?

Primogeniture: The legal custom for the firstborn and only the firstborn to inherit the bulk of the estate, especially indivisible property. Bastard: An illegitimate child without the right to ...
7
votes
3answers
484 views

Were there historical examples of “citizen's arrest” concept in history independent of British common law?

I know that the concept of "citizen's arrest" in USA originated from British common law. It seems that in a lot of countries listed in Wiki are ones that have the same origin of that law, since they ...
1
vote
1answer
82 views

Marbury vs Madison, what about other midnight judges?

After reading about it, I still have confusion as to what happened to the other midnight judges that Adams appointed. If the Supreme Court had the power to refuse to give Marbury his commission ...
6
votes
1answer
264 views

When did private fighting become a capital offense in Japan?

In "Might Makes Right: Just war and just warfare in early medieval Japan", Karl Friday mentions that bushi (warriors) who violated decrees banning fighting were exiled or imprisoned under pre-Edo ...
5
votes
2answers
370 views

Was either side legally in the right in the Hundred Years War?

Legalistically speaking which side was right in the Hundred Years War. My view is that the Salic law combined with the principle that nobody can transmit a right greater than he himself can possess ...
3
votes
2answers
233 views

What if a slave entered a state without slavery?

I was told that a slave entering a sovereign state that has abolished slavery is automatically freed. However, I was only able to trace legal statements on this for ships travelling under the flag of ...
8
votes
1answer
297 views

Did the U.S Constitution revoke or merely amend the the Articles of Confederation?

This may seem like a silly question, but I only ask because of a U.S. Supreme Court case that actually cited the Articles of Confederation. After the civil war, there is this case called ...
4
votes
2answers
832 views

What is the longest running legal case?

The Black Hills Lands Claim is an ongoing land dispute between the US Government and The Sioux Nation. The treaty of Fort Laramie protected the hills from white settlement, but the discovery of gold ...
11
votes
6answers
2k views

What does it mean that the early supreme court “gave themselves” the power of judicial review?

I'm watching the "Crash Course: American History" youtube series, and I like, it, but it obviously skips over a ton because it's packing decades at a time into 10 minutes. So he just (briefly) ...
8
votes
2answers
991 views

What did the word 'unconstitutional' mean to Americans prior to the Revolution?

I'm reading about the Townshend Acts on Wikipedia, and it says that the American colonists rejected any taxation because it was unconstitutional. Were they referring to a specific document, like the ...
7
votes
3answers
404 views

When did hanging emerge as a form of capital punishment?

As the title has it: when did hanging emerge as a form of legal execution? The Wikipedia article (linked) has nothing to say about this. I've done the best I can with a search in Google Scholar, but ...
-1
votes
2answers
266 views

Does prohibition of polygamy always correlate well with democracy? [closed]

There are only 2 countries in the Middle East where polygamy is illegal: Israel and Turkey. There are only 2 countries in the Middle East that are true democracies: Israel and Turkey. Lebanon is ...
2
votes
6answers
298 views

How Did The US Justice System Lose Sight of Intent? [closed]

In the USA all that seems to matter is the letter of the law. This example demonstrates how a US law is being used for things it was never intended. The British Justice System places a huge emphasis ...
2
votes
1answer
150 views

Death of a Jane or John doe [closed]

I enjoy watching cop dramas and in The Closer (Season 1, Episode 12), a criminal might be exonerated because authorities mis-identified the body of a victim. In American legal history has anyone been ...