Outlaw = to Kill In historical legal systems, an outlaw is declared as outside the protection of the law. In pre-modern societies, the criminal is withdrawn all legal protection, so that anyone is legally empowered to persecute or kill them. Outlawry was thus one of the harshest penalties in the legal system. In early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of homo sacer, and persisted throughout the Middle Ages. In the common law of England, a Writ of Outlawry made the pronouncement Caput gerat lupinum (Let his be a wolfs head, literally May he bear a wolfish head) with respect to its subject, using head to refer to the entire person (cf. per capita) and equating that person with a wolf in the eyes of the law: Not only was the subject deprived of all legal rights of the law being outside of the law, but others could kill him on sight as if he were a wolf or other wild animal. Women were declared waived rather than outlawed but it was effectively the same punishment.
Posted on: Mon, 22 Dec 2014 00:37:58 +0000
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