The enemies are at the gates. Being dazzled by their golden jewels - or perhaps fascinated by their handsome leader - a girl makes a pact with them and betrays her city and her own kin. However, instead of the promised reward, she is killed by her beneficiary. In a particular variant of this story, the girl's name is Tarpeia and the city is Rome, the agreed reward are golden bracelets of the hostile Sabines and the murder weapons are their shields being worn - surprise! - on their left arms together with the jewels. The rendering of this scene in the Roman visual arts is of the primary interest of this thesis. As a particular event linked tightly to the legendary history of Rome, the Punishment of Tarpeia is generally believed to lack any closer iconographic parallels in the Etruscan and Greek arts; sometimes it is even supposed that the traitress is portrayed as a kind of heroic figure, not a negative one. Having analysed the surviving scenes of the Punishment of Tarpeia, I put that opinion into question suggesting they were artificially designed and composed in full accordance with the traditional imagery of the trespassers in the Greek and Etruscan visual arts. To support my assumption, I turn to scrutinize the compositions as well as minor details of contentually related scenes in the Greek and...

This thesis examines the legal case of Inouye Kanao, a second-generation Japanese Canadian who was executed for high treason in August 1947 in Hong Kong. In this thesis, I trace not only Inouye's legal case, but also his early life, the broader political context, diplomatic correspondence, and other war crimes cases. By employing race-thinking and Critical Race Theory as theoretical frameworks, I consider the role of race and racism and aim to better understand its influence on Inouye's legal case. In doing so, this thesis challenges previous narratives and misinformation about Inouye. I conclude that racism was a significant factor that affected all aspects of Inouye's case, resulting in an unjust execution that did not reflect the crimes. Ultimately, Inouye was executed not because of his actions but because he was racialized as a treacherous and cruel Japanese Canadian. / Graduate

Text in Afrikaans / Die basiese tese voortspruitend uit hierdie ondersoek is dat wetenskapsbeoefening binne bepaalde terreine van die regswetenskap ondemeem word ooreenkomstig 'n verswee staatlike paradigma wat deurlopend streef na die instandhouding van die politieke status quo. Die territoriale staat is die hoeksteen van die bestaande politieke orde en terselfdertyd die meester-konsep van die staatlike paradigma. Wetenskapsbeoefening volgens hierdie paradigma is gemik op die instandhouding van die territoriale staat en funksioneer dus as 'n defensief-konserwatiewe politieke projek. Uitsluitsel oor welke vrae en antwoorde as wetenskaplik ter sake kwalifiseer, word gegee aan die hand van die behoeftes van die bestaande territoriaalstaatlike orde. Antwoorde kwalifiseer as wetenskaplik houdbaar alleenlik indien dit met die belange van die bestaande territoriale staat vereenselwigbaar is en nie die staatlike status quo sal ontwrig nie. Intellektuele aktiwiteit wat nie die staatlike gebaseerde status quo ter wille is nie en dit moontlik mag ontwrig, haal in terme van hierdie paradigma moeilik die drumpel van wetenskaplikheid. In die ondersoek word die vestiging van die staatlike paradigma histories nagegaan en daama word die hoofmomente van die paradigma blootgele. Die belangrikste produkte van wetenskapsbeoefening kragtens die staatlike paradigma word daama uitgepluis. Benewens die feit dat die produkte deurlopend die staatlike orde onderskraag, vervul dit ook die strategiese funksie om uitdagers van die staatlike orde te domestiseer en in die diens van die staatlike orde te plaas. Die prominentste produkte van wetenskapsbeoefening volgens die staatlike paradigma word ontleed: - staatsbou, dikwels verkeerdelik voorgehou as nasiebou; - demokrasie wat onderhewig aan die dissipline van die staatlike paradigma tot staatlike demokrasie omvorm is; - menseregte wat burgerlike afhanklikheid van die staat bevorder en die staat sodoende teen opposisie vrywaar; - die misdaad, hoogverraad en die intemasionaalregtelike figuur van selfbeskikking wat deur die staatlike paradigma tot 'n staatsdienende staatlike selfbeskikking omvorm is. Die staatlike paradigma word egter onder toenemende spanning geplaas en daar bestaan die moontlikheid van 'n rewolusionere herwaardering van verskeie sleutel-konsepte wat deur die staatlike paradigma gevange gehou en in diens van die bestaande staatlike status quo gedomestiseer is. Die rewolusionere vrystel van hierdie konsepte kan die weg baan na 'n nuwe politokrasie anderkant die staatlike orde. / The basic thesis emanating from this research holds that scientific enterprises within certain fields of the legal science are undertaken in pursuance of a tacit statist paradigm which consistently preserve the political status quo. The territorial state is both the keystone of the existing political order and the master concept of the statist paradigm. Scientific activity according to this paradigm seeks to protect the territorial state and functions as a defensive conservative political project. The scientific relevance of questions and answers is determined by the exigencies of the existing order composed of territorial states. Answers are viewed as scientifically authentic only if they are compatible with the interests of the prevailing territorial state and when they do not pose a threat of disruption to the existing statist status quo. Intellectual activity that does not affirm the statist predicated status quo and which poses the risk of disruption of the this order would seldom qualify as scientific in terms of this paradigm. This study examines the historical establishment of the statist paradigm and debunks the main pillars of the paradigm. The foremost products of scientific activity in accordance with the statist paradigm are then analyzed. These products invariably safeguard the statist order and also succeed in domesticating the challengers of the statist order and placing them in the service of this order. The most outstanding developments of the scientific endeavour in pursuance of the statist paradigm are analyzed, which are: - state building, often inaccurately portrayed as nation building; -democracy which, subjected to the discipline of the statist paradigm, had been transformed into statist democracy; - human rights which cultivate civic dependence upon the state, thus safeguarding the state against opposition; -the crime ofhigh treason and the international law concept of self-determination which was transfigured by the statist paradigm into a state serving statist self-determination. The statist paradigm is however placed under increasing tension and there is a possibility of a revolutionary reappraisal of several key concepts which the statist paradigm has kept in captivity and which have been domesticated and placed in the service of the statist status quo. By releasing these revolutionary concepts, the way to a new politocracy, beyond the statist order, may be paved. / Jurisprudence / LL.D.

This thesis describes the development of codification of criminal law in Czech history. At first I described theory of comparative law, further follows the historical development of criminal law since the beginnings of the Czech state. After that I compared individual criminal codes based on division between general and special part. In special part I focused on the scheme of division of criminal offences into sections. At the end I compared adjustment of several criminal offenses in penal codes. This part contains four criminal offences (murder, theft, high treason and crime of witchcraft), which interfere with many areas of human life.

The Rivonia treason trial started on October 9, 1963, the same day that former Cape Town coloured singer Danny Williams made front page headlines by marrying a white girl in London. Those were the days when apartheid, not as “reformed” as it is today, was rigorously applied by the National Party government. Love, sex and marriage across the colour line were forbidden. Crooner Williams, 31, then riding the crest of the pop wave with his ballad “Moon River”, took his vows with Bobbi Carole, who married him against the wishes of her parents. Williams, fearing persecution, told an interviewer he would not be welcome in South Africa again. But most prominent by far on the front page that day was the Rivonia treason trial. A report from Pretoria — following the style of the times — said: “Eleven men — four whites, one Indian and six Natives — went on trial in the Supreme Court here today before Mr Justice Quartus de Wet (Judge President of the Transvaal) on charges of sabotage and of offences under the Suppression of Communism Act and of contravening the Criminal Law Amendment Act.” / Supplement to The Argus, Wednesday February 7 1990 / Exclusive Part 2

Text in Afrikaans / Die basiese tese voortspruitend uit hierdie ondersoek is dat wetenskapsbeoefening binne bepaalde terreine van die regswetenskap ondemeem word ooreenkomstig 'n verswee staatlike paradigma wat deurlopend streef na die instandhouding van die politieke status quo. Die territoriale staat is die hoeksteen van die bestaande politieke orde en terselfdertyd die meester-konsep van die staatlike paradigma. Wetenskapsbeoefening volgens hierdie paradigma is gemik op die instandhouding van die territoriale staat en funksioneer dus as 'n defensief-konserwatiewe politieke projek. Uitsluitsel oor welke vrae en antwoorde as wetenskaplik ter sake kwalifiseer, word gegee aan die hand van die behoeftes van die bestaande territoriaalstaatlike orde. Antwoorde kwalifiseer as wetenskaplik houdbaar alleenlik indien dit met die belange van die bestaande territoriale staat vereenselwigbaar is en nie die staatlike status quo sal ontwrig nie. Intellektuele aktiwiteit wat nie die staatlike gebaseerde status quo ter wille is nie en dit moontlik mag ontwrig, haal in terme van hierdie paradigma moeilik die drumpel van wetenskaplikheid. In die ondersoek word die vestiging van die staatlike paradigma histories nagegaan en daama word die hoofmomente van die paradigma blootgele. Die belangrikste produkte van wetenskapsbeoefening kragtens die staatlike paradigma word daama uitgepluis. Benewens die feit dat die produkte deurlopend die staatlike orde onderskraag, vervul dit ook die strategiese funksie om uitdagers van die staatlike orde te domestiseer en in die diens van die staatlike orde te plaas. Die prominentste produkte van wetenskapsbeoefening volgens die staatlike paradigma word ontleed: - staatsbou, dikwels verkeerdelik voorgehou as nasiebou; - demokrasie wat onderhewig aan die dissipline van die staatlike paradigma tot staatlike demokrasie omvorm is; - menseregte wat burgerlike afhanklikheid van die staat bevorder en die staat sodoende teen opposisie vrywaar; - die misdaad, hoogverraad en die intemasionaalregtelike figuur van selfbeskikking wat deur die staatlike paradigma tot 'n staatsdienende staatlike selfbeskikking omvorm is. Die staatlike paradigma word egter onder toenemende spanning geplaas en daar bestaan die moontlikheid van 'n rewolusionere herwaardering van verskeie sleutel-konsepte wat deur die staatlike paradigma gevange gehou en in diens van die bestaande staatlike status quo gedomestiseer is. Die rewolusionere vrystel van hierdie konsepte kan die weg baan na 'n nuwe politokrasie anderkant die staatlike orde. / The basic thesis emanating from this research holds that scientific enterprises within certain fields of the legal science are undertaken in pursuance of a tacit statist paradigm which consistently preserve the political status quo. The territorial state is both the keystone of the existing political order and the master concept of the statist paradigm. Scientific activity according to this paradigm seeks to protect the territorial state and functions as a defensive conservative political project. The scientific relevance of questions and answers is determined by the exigencies of the existing order composed of territorial states. Answers are viewed as scientifically authentic only if they are compatible with the interests of the prevailing territorial state and when they do not pose a threat of disruption to the existing statist status quo. Intellectual activity that does not affirm the statist predicated status quo and which poses the risk of disruption of the this order would seldom qualify as scientific in terms of this paradigm. This study examines the historical establishment of the statist paradigm and debunks the main pillars of the paradigm. The foremost products of scientific activity in accordance with the statist paradigm are then analyzed. These products invariably safeguard the statist order and also succeed in domesticating the challengers of the statist order and placing them in the service of this order. The most outstanding developments of the scientific endeavour in pursuance of the statist paradigm are analyzed, which are: - state building, often inaccurately portrayed as nation building; -democracy which, subjected to the discipline of the statist paradigm, had been transformed into statist democracy; - human rights which cultivate civic dependence upon the state, thus safeguarding the state against opposition; -the crime ofhigh treason and the international law concept of self-determination which was transfigured by the statist paradigm into a state serving statist self-determination. The statist paradigm is however placed under increasing tension and there is a possibility of a revolutionary reappraisal of several key concepts which the statist paradigm has kept in captivity and which have been domesticated and placed in the service of the statist status quo. By releasing these revolutionary concepts, the way to a new politocracy, beyond the statist order, may be paved. / Jurisprudence / LL.D.

The invasion by the Boers of Natal set a process in motion that changed the lives of Natal Afrikaners forever. As a group which shared family, cultural, and other ties with the invaders, but were British subjects by citizenship, they had to make a difficult decision: join the Republican forces or remain loyal to the crown. Factors which influenced this decision, amongst others, were the pre-war suspicion of all Natal Afrikaners by the Natal authorities and the prevalence of a general anti-Republican sentiment. Despite the above-mentioned, and the sympathy which existed for the plight of the Republics, very few Natal Afrikaners joined the commandos. Doing that would have meant economic annihilation. This the Natal Afrikaners understood and the majority remained neutral. Matters were complicated when the British Army and the colonial authorities withdrew south, leaving especially the Afrikaners of the Klip River county unprotected. When occupation did not convince the Afrikaners of the area to join, a well-thought out strategy based upon fear and misinformation, brought most into the fray. Duty on these commandoes was generally slack, subversive in nature, and as much as one can expect from people forced into military combat. A small group, however, managed, despite the pressures placed upon them, to remain loyal to Britain. For these loyalists the greatest rewards were in terms of economics and power. In stark contrasts were the economic experiences of the Natal Afrikaners who were somehow, either directly or indirectly, guilty of high treason. All their possessions were systematically looted or destroyed, leaving most of them in an impoverished state. Secondly, through a range of court cases 409 Natal Afrikaners or associated people were convicted of treason, mostly by the purposefully introduced Special Court and special magistrate. The outlined experiences coincided with victimization on socio-political and cultural levels under Martial Law. Afrikaners resident in the southern part of Natal, and especially in Umvoti county, did not suffer directly because of the war but experienced a different kind of war namely a pseudo war in which they were spied upon, viewed with suspicion and under Martial Law harassed. However, these Afrikaners managed to maintain some political power while economically they carried on as before the war. They attempted to use these assets to assist the Afrikaners who had to endure desertion by their own government and Boer occupation. Natal Afrikaners also experienced other aspects of the war normally associated with the Republics. Some were arrested as POWs, while others were deported to concentration camps within the Colony. Furthermore, as a result of the war, relations between Natal Afrikaners and English colonists and Africans suffered. The collective impact and legacy of the war, as well as the shared experiences of suffering under the British, with their Republican brothers and sisters, eventually helped to bring Natal Afrikaners into the broader Afrikaner fold. / Thesis (DPhil)--University of Pretoria, 2007. / Historical and Heritage Studies / unrestricted

This dissertation relates to treason and sodomy crimes that were fundamental in all pre-modern societies (also adultery but to a lesser extent). These laws, characterized by their biblical source, have met their demise in modern Western societies. The rise of individual rights led to significant changes in these crimes and eventually to their demise. As discussed below, the demise has become so substantial that the antiquated crime of sodomy, termed the crime against nature, is a modern source of pride, and actions like those of January 6, 2021, that would have been considered treason in prior generations are no longer charged as treason. Chapter One: Dying Criminal Laws: Sodomy and Adultery From the Bible toDemise analyzes the rise and fall of sodomy and adultery. The original legal basis for punishing sodomy and adultery was due to a breach in the duty of loyalty owed to God (i.e. sin) or the state. However, the loosening of the bonds of loyalty in present day Western criminal law has led to the demise of these crimes. Their demise has correlated with the rise of individual rights, especially the right to privacy. As such, the demise of sodomy and adultery laws is symbolic of the shift from a duty-based to a rights-based society. Chapter Two: The Genesis of Treason: The Creation of Equality and TheEstablishment of the Patriarchy analyzes the biblical source of treason. The roots of treason reach back to the Bible. Treason against God’s divine right kings was acrime because it was an assault against the heavenly order. Petit treason was also an attack on God’s order. The initial chapters of the book of Genesis contain the foundation of the law oftreason. The treasons of Adam and Eve, Cain, the Sons of God, Ham, and Nimrod each relate to different aspects of both high and petit treason. The dissertation also analyzes the place of treason during the reign of Saul and David as Kings of Israel. According to the Book of Samuel, neither Saul's indeterminate use of treason nor the virtually nonexistent use of treason by David is the right path. Rather, a determinant form of treason that punishes actual treason but does not punish all forms of opposition is appropriate. Chapter Three: The Rise and Fall of High Treason and The Correlation with PetitTreason Infallible Relationships: From Edward III to The Execution of Charles I And Lessons For Modern Treason in the Age of Charles III traces the roots of treason as a crime in Anglo-American law, the expansion of treason during Henry VIII’s reign, up to the conviction of King Charles I for high treason. Henry VIII enacted multiple amendments to the law of high treason and did nothesitate to utilize treason as a weapon in his battle for supremacy against the Pope in England. Compared with Henry and his children, James I endeavored to use the law of high treason sparingly. Treason underwent a fundamental transformation during Charles I’s reign thatultimately led to a civil war and Parliament transforming treason from a statute that protected the King into a law that protected the nation. This was done by rejecting the King’s special status and invoking the transformative idea of a social contractbetween the nation and the people. In short, a transformation from status to contract. The changes at the dawn of treason have continued to the present day, and treason,the crime that protects the hierarchy of society, has not been invoked in the US and UK since the end of World War II. The failed South African treason trial against Nelson Mandela and the Civil and Woman’s Rights Movements appear to have led to treason’s demise in cases that do not involve armed warfare. Despite the renewed interest in treason following the assault on the US Capital on January 6, 2021, there does not appear to be an appetite for reviving treason. In the age of Charles III, the most severe crime for a march like Charles I’s “warlike march” on Parliament is seditious conspiracy.

The aim of this thesis is to investigate how politics was done at the level of the parliamentary constituencies at the time of the treaty of Amiens 1802-1803. This is achieved through two case studies of the elections in Middlesex and Nottingham, which are investigated as social practices. This thesis argues that understandings of masculinity and national identity, as well as questions about the nature of the constitution and citizen rights were central to participants in the extraparliamentary political process. Collective emotions were also highly important in the process of mobilising political support, and this thesis emphasises that participation in these elections was a collective effort; men and women from all levels of society were significant political actors. Moreover, this thesis demonstrates the importance of competences such as knowledge about the organisation of crowds and political violence in the performance of the election.