The Influence of the Mosaic Code Upon Subsequent Legislation

The Influence of the Mosaic Code Upon Subsequent Legislation

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 edition. Excerpt: ...Amongst the Greeks, homicide by misadventure was expiated by voluntary banishment for a year. In Saxony, a fine was paid to the kindred of the slain. Amongst the Western Goths, in such cases, the punishment of death might be averted by compensation. Felonious homicide is the killing of a person with out either excuse or justification. It applies also to..self-murder: in this case, the Greeks cut off the hand-by which the deed was done. But when the offence consists in killing another man, our law draws a distinction between manslaughter and wilful murder. Manslaughter is defined to be the killing of another upon an unlawful occasion, without malice expressed or implied. This distinction was also recognised in the Gothic constitutions. It is either voluntary or involuntary. It is said to be voluntary where one kills another in a quarrel. It is called involuntary where one kills another upon an unlawful occasion..In this particular it is distinguished from excusable homicide, which occurs where one kills another involuntarily upon a lawful instead of an unlawful occasion. Manslaughter, though involuntary, is a crime which amounts to felony, but is not punished with death. Murder is the wilfully killing of another upon an unlawful occasion; and not only by our own laws, but almost universally, is punished with death. The Mosaic laws emphatically prohibit the pardon.of the murderer. In imitation of this, by our ancient laws the king himself is excluded the power of par.doning murder. The prerogative of pardon, however, was enlarged in the reign of George III.. According to our law, it is not murder to procure abortion, unless the child be actually born alive, and afterwards die of the injuries it received before its birth. But Josephus (Cont....show more

Product details

  • Paperback | 82 pages
  • 189 x 246 x 4mm | 163g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123673758X
  • 9781236737588