28 The Death Penalty in the OSCE Area
highlighted 115 crimes that were punishable by death. At the same time, a classic
example of a country applying the death penalty is England, insofar as it occupies
first place in this regard. Back in the 18th century, Sir William Blakestone counted
160 crimes that were punishable by death. There were also eras in history when this
number rose to 240 in England.12
Despite all this, human thinking as a whole could not be indifferent to the fate
of that being that is now called the supreme value, i.e., man. Back in his day, Jesus
Christ maintained: “You have heard that it was said, an eye for an eye, and a tooth
for a tooth. But I say to you, do not resist him who is evil.”13 It is possible that these
and similar ideas formed the basis for thinkers and politicians in the Middle Ages
when they cast doubt on the fairness of the death penalty as a form of punishment
under criminal law. For example, in a legal document of King William the Conqueror
(stating what he established with his aides after the conquest of England), it was prohibited for any man to be killed or hanged, whatever the crime. The King preferred
the criminal to have his eyes poked out and be castrated. Likewise, the laws of King
Henry I established pronouncement of a death sentence as being inadmissible on the
basis of a single accusation without careful investigation and granting the possibility
of vindication by means of “God’s trial”.14 However, these aspirations were nothing
more than timid attempts amid an innumerable and endless stream of applications of
the death penalty in a qualified form, such as breaking on the wheel, sewing people up
in sacks and drowning them, cremation, quartering, burying people alive, interweaving bodies on the wheel, putting heads on stakes, burning corpses after cutting off the
head, cutting the hands off corpses, and so on.
The new age of the 17th-19th centuries was characterized by outstanding success
in the development of legal thinking. In overcoming a theological worldview, the
dogmas of Middle Age scholastics collapsed, and issues regarding relations between
individuals and their rights, laws and the state, and the role of the state and the law
in public life were approached and resolved in a rational manner. Looking at the
individual and his needs and social qualities as a starting point for studying law and
the state brought about the pronounced axiological aspect of the legal doctrines of the
new age. The indisputable status of an individual’s value and the subordination of the
law to the worldly interests of individuals were brought to the fore.
Taking into account the new tendency that has come about in the development of
jurisprudence, entirely new ideas have been expressed regarding the nature of punish12
See I.Ya. Foinitskii, Uchenie o nakazanii v svyazi s tiur’movedeniem (St. Petersburg, 1889), in Anthology, Vol. IV, p.
794.
13
14
The Bible, Matthew 5:38-42.
Anthology, Vol. II, p. 84.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents