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Against Just Desert

Published online by Cambridge University Press:  09 June 2015

Nils Christie
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Extract

In an Icelandic saga there is a story of Torgeir, a young man of high rank, who one day as part of his morning activities cut off the head of a serf. Asked why he did this, answered—and it sounds better in Norwegian—“Fordi han sto sa lagelig til for hugg”: because he stood there so well suited for a cut. That was the end of the story.

One episode, yet representative both for Viking-time and later epochs. Up until 1766 it was a matter of course that people of high rank received less severe punishments than those of low rank. Fragments of this basic principle are still preserved in the Norwegian constitution where it is explicitly stated the King cannot be blamed or brought before any court of law.

Type
Research Article
Information
Canadian Journal of Law & Jurisprudence , Volume 5 , Issue 1: Reflections on Sentencing and Corrections , January 1992 , pp. 5 - 13
Copyright
Copyright © Canadian Journal of Law and Jurisprudence 1992

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References

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