RB 76

finally xamples of different kind collected from some 300 years – from the late sixteenth century to the late nineteenth century and before we Ewith some degree of certainty hear about these crimes they probably had existed for quite some time or even since before history. Material from slightly more than a dozen current countries of around two hundred are used. Probably much more can be found. The examples referred to also to a large extent are dependent on the research of others and it would have been impossible to restrain from such dependence, or at least the study would have been much more limited. The only certain limits here are limits put on the official habit of killing persons. The focus on official factors such as legislation and the debate around it has both advantages and drawbacks, providing clear structures but also risking less connection to the popular interpretations. It also gives us a not quite correct image of the criminality. The number of crimes had maybe started to decline even before legislation came into existence, or maybe the figures went some other way. Legislation resulted in the construction of crimes, with small differences between the countries, and thereby more explanations of the crimes. Did the criminal lack interest of living, lack motive, or? Was the action found criminal: the killing of another human, sacrilege, or? The variations can result in different crimes. Through legislation a crime was discovered and, eventually, it was forgotten. With legislation and other official reactions basically interpreting and defining the crimes, some strange results can occur. Thus, where no distinctive official reaction existed, the crimes were not seen as a separate entity either by law and society or by research. An example of this is the murder by Robert Burton in Chatham 1862, treated by the court as very gruesome murder, but not special in any other way. Such a view and the British lack of legislation also raises the question if these crimes were and should now be regarded as a separate entity or not? longing for the scaffold 266

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