The History of Capital Punishment

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It's not exactly reaching to say that the death penalty has existed for as long as society. With any kind of societal structure comes the need to develop rules and to ensure that they are followed. From the very ancient times in which the harshness of penalties seemed to be a universal characteristic, to modern times where minimizing pain and suffering is the universal characteristic, the death penalty has always been around excluding rare exceptions. In this paper, I will discuss capital law and punishment from 2050 B.C. to modern day. To start, I will cover ancient law codes, including the Code of Ur-Nammu, the Code of Hammurabi, the Hittite Laws, Draco's Laws, and the Twelve Tables. I will also cover a transitioning period that includes medieval and colonial laws. Finally, I will cover the Bill of Rights and the use of capital punishment in the United States following the Revolution.

Around 2050 B.C., Ur-Nammu became the founder and the first king of the Sumerian Third Dynasty of Ur. He is credited to being the creator of the earliest known legal code in history. The Code of Ur-Nammu was written on tablets and consists of laws, courtroom produces, litigation rules, and penalties for violations. The tablets were found damaged, so only 40 of the 57 laws have been able to be reconstructed and translated (Finkelstein 66-67). The laws are written in an if, then pattern. For example, "if a man commits a murder, that man must be killed"; "if a man violates the right of another and deflowers the virgin wife of a young man, they shall kill that male"; and "if a man commits a robbery, he will be killed" (Finkelstein 69). This pattern, established by Ur-Nammu, is followed in nearly all later codes. Despite its age,...

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... the Code of Hammurabi straight from the original monument, including the preface and all 282 laws. This helped me provide direct examples and allowed me see which laws specifically included the death penalty.

Kellaway, Jean. The History of Torture and Execution. New York: Lyons, 2000. Print. Kellaway provides a comprehensive and detailed look at the different forms of torture inflicted during the Middle Ages. I was able to use the list in order to pick a few examples of notable forms of torture that were implemented.

Mousourakis, George. The Historical and Institutional Context of Roman Law. Burlington: Ashgate, 2003. Print. Mousourakis provides a little background information as to why the Twelve Tables were created and lists out the laws for each of the tables. This helped me in providing examples and adding a little more information about them.

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