Exception, Symbolism and Compromise
The Resilience of Treason as a Capital offence
Bibliographic Data
| ID | 8401460 |
|---|---|
| Authors | Ron Dudai (0000-0003-0660-0704, Ben-Gurion University of the Negev, corresponding author) |
| Year | 2021 |
| Volume | 61 |
| Issue | 6 |
| Pages | 1435-1451 |
| Publication date | 2021-10-18 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The British Journal of Criminology (JOURNAL) |
| Journal identifiers | ISSN: 0007-0955 • E-ISSN: 1464-3529 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/bjc/azab036 |
| OpenAlex | W3157251828 |
| Language | EN |
| Citations received | 5 |
| References cited | 58 |
This article explores the causes, forms and consequences of the resilience of treason as a capital offence. Though generally overlooked by the literature on the death penalty, treason has been the second most common capital offence—after murder—in states’ law books in the post-WWII world and has had tangible effects on abolition trajectories. The article first traces the transformation of treason from the paradigmatic capital offence in the pre-modern era to a peripheral yet persistent component of contemporary death penalty. It then analyses and explains the dynamic of ‘exempting’ treason from abolition for common crimes. The third section examines situations where treason remains a capital offence on the books but is rarely used, functioning as ‘symbolic law’ with important consequences and spillover effects. In the conclusion, I argue that treason laws could become a central obstacle in the path to full global abolition of the death penalty
Capital (architecture) · Criminology · Law and economics · Political science · Sociology · Criminal Justice and Corrections Analysis · History · Homicide, Infanticide, and Child Abuse · Law · Torture, Ethics, and Law
Symbolic crusade
Capital Punishment in Independent Ireland
Making of the English Working Class
Histories of the Hanged
Modes of Capital Punishment
Peculiar Institution
Rituals of Retribution
The Rise, Fall, and Afterlife of the Death Penalty in the United States
The Death Penalty
The Next Frontier
Is the Death Penalty Dying
Torture, Power, and Law
The Death Penalty
The Death Penalty in America
Crime, Law and Justice in New Zealand
Ending the Death Penalty
The Prison and the Gallows
Changes in Capital Punishment Policy since 1939
The Meaning of Treason
The Cruelty of the Abolitionists
Death penalty politics and symbolic law in Russia
Parochial versus Universal Criminal Law
Underground penality
Social disruption, state priorities, and minority threat
Countering catastrophic criminology
Death Penalty Abolition and the Ratification of the Second Optional Protocol
The Death Penalty and War
The constitution of political membership’
States of exception, human rights, and social harm
Fracturing the “Exception”
Restraint, Reaction, and Penal Fantasies
The Politics of Crime Control
Democracy and the making of contentious policy
Brother against Brother
Penal change as penal layering
Informers and the Transition in Northern Ireland
Treason and the State
Patterns of Death Penalty Abolition, 1960-2005
From Lese-Majeste to Lese-Nation
Deja Vu All over Again
With us or against us
| Unique citing works | 5 |
|---|---|
| Citations per year | 1,25 |
| Citation span | 2022 - 2026 (5) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 4 |