the strategies behind the reactions and the counterstrategies Increasingly the idea that the execution should cause no more pain than necessary superseded the willingness for inflicting pain embodied in this strategy.810 For example the decapitation with sword was replaced with the axe in order that the delinquent should not be subjected to greater uncertainty and thereby risk of suffering. In Prussia this change occurred in 1811, despite that the decapitation with the sword in Germany was seen as both more humane and honourable – an idea founded in the seemingly freedom of the delinquent giving the impression of voluntarily accepting the sentence.811 In Denmark the change occurred through subsequent decisions for different parts of the realm from 1741 to 1791.812 Eventually however, first through the Austrian legislation of 1715 and then through the Danish legislation of 1767, this line of thought led to a prolonged and painful punishment that did not end in death. See IIIa below. •III The third basic strategy, finally, was for various reasons to cease executing people who committed crimes in order to be executed, thus denying them their goal. Except the conscious strategy directed against these crimes, we also find that such crimes to a greater extent were understood to be committed by the mentally deranged. Eventually, this route could conceivably lead to the abolition of capital punishment. This idea was criticised by those thinking that it would be wrong to give such an advantage to the criminal.813 • IIIa (In conjunction withII) A prolonged, painful punishment not ending in an execution. This kind of penalty, composed of torturous and humiliating parts over a lifetime in prison, was introduced in Denmark 810 See e g Renaudet 2003 p 86 sq and Borgards 2002 p 79 sqq. 811 Königlicher Befehl s a, Evans 1997 p 55. 812 Due to the lack of competence of the executioners the change took place in 1741 and 1775 for respectively the amts of Finnmark and Nordland. In Finnmark this was only a confirmation of earlier praxis, KResc 1 May 1741 and KRescr 9 February 1775, Kongelige rescripter 1788IV:2:189 sq, 1786VI:I:542. In Slesvig the change took place 24 March 1779, Schütze 1856 p 231. For Denmark in general the legislation was given inKF21October 1791, Chronologisk Register 1795X:266 sq. However, already at an execution 13 October an axe is said to have been used, Journal för prester 1798 p 46. 813 Klein 1796 p 220. 227
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