All Europe was astonished by the news of the French Revolution. The successful insurrection of the working classes in Paris—the flight of the king—the abolition of monarchy—the establishment of a Republic, all the work of two or three days, were events so startling that the occupants of thrones might well stand aghast at their recital, and tremble for their own possessions. It would not have been surprising if the revolutionary spirit emanating from Paris had, to a large extent, invaded Great Britain and Ireland. The country had just passed through a fearful crisis; heavy sacrifices had been made by all classes to save the people from starvation; many families had been utterly ruined by gigantic failures, and there was still very general privation prevailing in all parts of the United Kingdom. In such circumstances the masses are peculiarly liable to be excited against the Government by ignorant or unprincipled agitators, who could easily persuade[555] them that their sufferings arose from misgovernment, and that matters could never go right till the people established their own sovereignty—till they abolished monarchy and aristocracy, and proclaimed a republic. The Chartist agitation, though not formally proposing any such issue of the movement, had, nevertheless, familiarised the minds of the working classes with the idea of such a revolution. The points of their charter comprised vote by ballot, universal suffrage, annual parliaments, payment of the members, and the abolition of the property qualification. Besides, the Chartist leaders had been in the habit of holding what was called a National Convention, which was a kind of parliament of their own, in which the leaders practised the art of government. The train was thus laid, and it seemed to require only a spark to ignite it; but a thick shower of sparks came from Paris, as if a furnace had been emptied by a hurricane. It would have been almost miraculous if there had been no explosions of disaffection in Great Britain in such circumstances as these.Check here regularly for updates and answers concerning our safe return to campus.
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But that the humanity of the speculative school of law was not without some influence on public opinion, as well as to a certain extent a reflection of it, is proved by a few abortive attempts in Parliament to mitigate the severity of our penal code in the latter half of the last century. Even so early as 1752[52] the Commons agreed to commute the punishment of felony in certain cases to hard labour in the docks; but the Lords refused their consent, as from that time onward for more than eighty years they regularly continued to refuse it to all mitigation of the laws affecting crime. It must ever remain a matter of regret, that the r?le of the House of Lords in the matter of criminal law reform should have continued from 1752 to 1832 to be one of systematic and obstinate opposition to change, and an opposition which had no justification in the general level of national enlightenment.As Canadas engaged university we improve lives using the power of knowledge, advocacy and engagement.
It is the specific crime, not the fact that it is a second or third felony, which is injurious. Neither a community nor an individual suffer more from the commission of a crime by a man who commits it for the second time than from its commission by a man who has never committed it before. If two brothers are each robbed of a pound apiece on two several occasions, the one who is robbed each time by the same criminal suffers no more than the one who is robbed each time by different criminals. Still less is the public more injured in one case than in the other. Therefore the former brother is entitled for his second loss to no more restitution than the other, nor has any more claim on society for the infliction of a severer punishment on his behalf than that inflicted for the second loss of his brother.SEE ALL NEWS
But if the interest of Beccaria’s chapter on Torture is now merely historical, an interest that is actual still attaches to his advocacy of the total abolition of capital punishment, this being the cause with which his name is most generally associated, and for which it is likely to be longest remembered. Previous writers, like Montaigne, if they deprecated the excess or severity of the death penalty, never thought of urging that it should be abolished altogether.SIR JAMES GRAHAM.Researchers revive endangered Blackfoot language using digital technology
What influence have they on customs?Read More
CHAPTER VI. IMPRISONMENT.It is well known that Lord Tenterden refused ever to sit again in the House of Lords if the Reform Bill became law, and that he predicted that that measure would amount to the political extinction of the Upper House. As regards the history of our criminal law Lord Tenterden was right, for the period of long pauses had passed away, and rapid changes were made with but short intervals of breathing-time. From the year the Reform Bill passed the school of Beccaria and Bentham achieved rapid successes in England. In 1832 it ceased to be capital to steal a horse or a sheep, in 1833 to break into a house, in 1834 to return prematurely from transportation, in 1835 to commit sacrilege or to steal a letter. But[67] even till 1837 there were still 37 capital offences on the statute-book; and now there are only two, murder and treason. Hanging in chains was abolished in 1834; the pillory was wholly abolished in 1837; and the same year Ewart, after many years’ struggle, obtained for prisoners on trial for felony the right (still merely a nominal one)[39] of being defended by counsel.JOIN SFU PRESIDENT JOY JOHNSON FOR A TOUR OF BURNABY CAMPUS
THE MOB BOARDING THE GRAIN SHIP AT GARRY KENNEDY. (See p. 484.)The success which attended Romilly’s Privately Stealing Bill and the failure which attended almost all his other efforts was probably due to the fact that larceny from the person without violence was, as has been said, the one single kind of offence which had Paley’s sanction for ceasing to be capital. But the[61] very success of his first bill was the chief cause of the failure of his subsequent ones. For, capital punishment having been removed for mere pilfering, prosecutions became more frequent, and the opponents of reform were thus able to declare that an increase of theft had been the direct consequence of the abolition of the capital penalty. It was in vain to point out, that the apparent increase of theft was due to the greater readiness of individuals to prosecute and of juries to convict, when a verdict of guilt no longer involved death as the consequence.Read More
CONVOCATION JUNE 2021
As preparations are underway for SFU's June 2021 Virtual Convocation, read about the amazing journeys of some of our graduands.