Zeitschriftenartikel zum Thema „Punishment – Europe – History“

The public execution of criminals was a familiar ritual of early modern European society. This article, however, examines the less frequent practice of ordering that a criminal’s house be ritually demolished following the execution. In many cases, the destroyed house was then replaced by a monument which was intended to simultaneously obliterate and perpetuate the criminal’s memory. Rare as it was, ritual house-destruction was a surprisingly widespread practice, undertaken at various times between 1520 and 1760 in France, Germany, Spain, Italy, Portugal and the Netherlands. Though punitive house-destructions had been undertaken in medieval Europe, the practice acquired new overtones in the early modern era. This article examines how and when this striking form of punishment was applied in early modern Europe and considers why authorities would order the destruction of property in order to enshrine the memory of particularly serious crimes.

This article finds Steven Pinker’s argument for a decline of violence too Eurocentric and generalizing to fit all cases. Study of the early modern Russian criminal law, and society in general, shows that different states can develop radically different approaches to violence when influenced by some of the same factors (in this case Enlightenment values). The centralized Muscovite autocracy in many ways relied less on official violence and exerted better control over social violence than did early modern Europe, while at the same time it supported violence in institutions such as serfdom, exile, and aspects of imperial governance. Violence in the form of capital punishment declined but many aspects of social and official violence endured. Such a differentiated approach is explained by the state’s need to mobilize scarce human and material resources to survive and expand.

AbstractThe essays in this volume provide a new perspective on the history of convicts and penal colonies. They demonstrate that the nineteenth and twentieth centuries were a critical period in the reconfiguration of empires, imperial governmentality, and punishment, including through extensive punitive relocation and associated extractive labour. Ranging across the global contexts of Africa, Asia, Australasia, Japan, the Americas, the Pacific, Russia, and Europe, and exploring issues of criminalization, political repression, and convict management alongside those of race, gender, space, and circulation, this collection offers a perspective from the colonies that radically transforms accepted narratives of the history of empire and the history of punishment. In this introduction, we argue that a colony-centred perspective reveals that, during a critical period in world history, convicts and penal colonies created new spatial hierarchies, enabled the incorporation of territories into spheres of imperial influence, and forged new connections and distinctions between “metropoles” and “colonies”. Convicts and penal colonies enabled the formation of expansive and networked global configurations and processes, a factor hitherto unappreciated in the literature.

AbstractAlthough a crucial element of imperial architecture, non-metropolitan penal colonies remain relatively understudied, compared with the richness of historical scholarship on modern prison systems in Western Europe and its offshoots. Complementing the perspective chosen in the recent International Review of Social History Special Issue 26, “Transportation, Deportation and Exile: Perspectives from the Colonies in the Nineteenth and Twentieth Centuries”, the four articles in this Special Theme propose an additional angle of investigation of the role of convicts in the incorporation of new territories into colonial empires. The authors place sites of punishment, rather than flows of convicts, at the core of their reflection, and provide a close-up analysis of circulations of information and people across the borders of penal sites on various scales: local, trans-regional, and international. They problematize the notion of “border”, and consider it as a vantage point that leads to a new conceptualization of the penal colony as a system that expands in its surroundings and, in turn, assimilates external political, social, and economic stimuli. Relying on several distinct methodological approaches, the authors foreground the specificities of colonial punishment and demonstrate how punishment became part of the creation and maintenance of power inequalities between the colonies and the metropoles.

AbstractHistorians over the past twenty years have utilized consistory records to analyze long-term patterns of illicit behavior and church punishment in Reformed congregations across Europe. Despite the value of these studies, a narrative approach to consistory records offers an opportunity to penetrate the assumptions of local church leaders and to discover real men and women in the sixteenth and seventeenth centuries. Using examples from the pivotal moments in the discipline process in the Dutch Reformed Church at Delft, this article reconstructs the narrative framework of discipline there. The author argues that consistory secretaries recorded discipline cases as ongoing stories of penitence and reconciliation in the lives of all sorts of church members.

This article analyzes the process of creating the German camp system in Poland. The Nazi racial politics towards the Jews promoted their isolation from the so-called "full part of society". For this purpose, two main mechanisms for their separation were created: concentration camps, some of which were transformed into "factories of death", and Jewish ghettos. The establishment of concentration camps in Poland was preceded by a long process of organizational and legal registration first in Germany itself, and later on the territories occupied by it. This process was accompanied by numerous Jewish pogroms and arrests, which was an integral part of the Nazi anti-Semitic policy. Concentration camps were carefully thought out and well-organized institutions with a refined mechanism of prisoners’ maintenance, coercion and punishment. Different by their intended purpose were "death camps" that were not intended to hold prisoners, but to destroy them quickly and in large scale. Most of them were located on the territory of Poland, where the Jews from all over Europe were brought. These included Chelmno, Belzec, Sobibor, Treblinka, Auschwitz-Birkenau and Maydanek. It was observed in the article that German concentration camps were created to isolate, repress and destroy the undesirable elements of the regime. Despite the early formation of this system, its dissemination in the territories occupied by the Nazis, particularly in Poland, took place in 1938-1939s. At that time the German concentration camps turned into an instrument of ruthless anti-Semitic policy that became a classic genocide. Due to the fact that the concentration camps capacities did not allow to sufficiently fulfill their tasks, during 1939-1945s in Poland, new, so-called "death camps" were established. They were equipped with gas chambers and crematorium that carried out large-scale destruction of the Jews.

Academics have traditionally associated capital punishment most closely with authoritarian regimes. They have assumed an incompatibility between the death penalty and the presumably humane values of modern liberal democracy. However, recent scholarship on the United States by David Garland has suggested that a considerable degree of direct democratic control over a justice system actually tends to favor the retention and application of the death penalty. The reason why the United States has retained capital punishment after it has been abolished in other Western nations is not because public opinion is more supportive of the death penalty in America than in Europe or in Canada. Rather, it is because popular control over the justice system is greater in the United States than in other countries and this strengthens the influence of America's retentionist majority. However, the experience of the United States in this regard has not been unique. The same link between democratic control and retention of the death penalty can be seen in the history of the effort to abolish capital punishment in France. In 1908, a bill in the Chamber of Deputies (the lower house of the French Parliament) to abolish capital punishment was defeated, in large part because of strong opposition from the public. In 1981, majority public opinion in France still favored retention of the death penalty, but in that year, the nation's Parliament defied popular sentiment and outlawed the ultimate punishment. Historians have so far provided little insight into why abolition succeeded in 1981 when it failed in 1908. The explanation for the different outcome appears to have been the greater degree of influence public opinion exerted over the nation's justice system at the turn of the twentieth century than at its end.

Doctoral theses have always had an important place in the historiography of crime, and indeed much of the discipline's most influential research has emerged from postgraduate study. For many years, the investigation of crime and justice in Britain was a staple topic of doctoral research, and theses by members of E.P. Thompson's ‘Warwick School’ had a shaping influence on the early debates of the discipline. In the British context, these early debates were concerned with questions about who could access the law and the extent to which the courts were used to enforce the values of particular social groups. More recently, scholars have given an increased amount of attention to the influence of newspaper reporting on perceptions of crime, and on the importance of printed accounts of crimes, trials and executions as texts which represented the function and effectiveness of the law in particular ways. Furthermore, over the last few decades our knowledge of policing and punishment in eighteenth- and nineteenth-century Europe has greatly expanded, providing important insights into two very important aspects of the judicial process.

This article examines Karl Barth’s confrontation with the Nazi past in his post-war occasional writings and speeches from 1945 to 1949. My thesis is that as early as January 1945, months before the end of the war in Europe, Barth publicly argued the collective guilt of the German people yet sought not to examine this guilt or demand a “collective punishment”—for the crimes were so great and far-reaching into German society, the responsibility too entangled, that it would be impossible to fully understand or appreciate the crimes committed during this period. Instead, Barth wished simply to acknowledge this guilt, encourage the German people to accept it, and continue with the monumental task of reconstructing Germany. Barth’s post-war work proved tremendously influential in challenging the history of the Protestant churches’ uncritical stand in obedience to the state.

Prison construction was among the most important infrastructural changes brought about by British rule in nineteenth-century India. Informed by the extension of liberal political philosophy into the colony, the development of the British colonial prison introduced India to a radically new system of punishment based on long-term incarceration. Unlike prisons in Europe and the United States, where moral reform was cited as the primary objective of incarceration, prisons in colonial India focused on confinement as a way of separating and classifying criminal types in order to stabilize colonial categories of difference. In Imperial Vision, Colonial Prisons: British Jails in Bengal, 1823–73, Mira Rai Waits explores nineteenth-century colonial jail plans from India's Bengal Presidency. Although colonial reformers eventually arrived at a model of prison architecture that resembled Euro-American precedents, the built form and functional arrangements of these places reflected a singularly colonial model of operation.

Using recently declassified sources from Russian archives, this article discusses the status of the Soviet-controlled eastern zone of Austria during the postwar occupation (1945–1955) as a principal spying ground in Central Europe. The Western occupation powers hired many Austrians to gather information on the deployments of the Soviet Army and the Soviet authorities' exploitation of the “German assets” they had seized at war's end. The Austrians' principal incentive to spy was financial; they were well paid by their Western handlers. Austrian women had love affairs with Soviet soldiers and officers and then served as double agents for the West until the Soviet counterintelligence services caught up with them. From 1947 onward, some 500 Austrians disappeared after being detained by Soviet state security personnel and accused of spying. More than 100 of these Austrians were sentenced to death by Soviet Military Tribunal No. 28990 in Baden from 1950 until Iosif Stalin's death in March 1953, and they were then executed in Moscow. In retrospect the mismatch between the actions of these Austrian “spies” and the penalties meted out to them is striking. The Soviet penal system was exported to occupied areas during the Cold War in intelligence “games” against the West, with tragic consequences for “Stalin's last victims.”

Treatment of persons with psychological difficulties varied in different historical periods, but in its essence remained similar until today. It included an inhumane relationship towards these persons, involuntary treatment through torture, and isolation from society as a kind of punishment for their diversity. It was not until the late 19th century that the relationship of society towards these individuals started to improve gradually, but in the 21st century isolation of these individuals still remained the dominant form of acceptable social solution for the ?problem?, with a somewhat more humane attitude towards them and less cruel treatment. Serbia has followed the trends of treatment of the persons with psychological difficulties from the rest of Europe for centuries, but is still lagging behind the world in the introduction of new methods of treatment. Indeed the first legal solution to regulate the human rights of these people is currently in the process of implementation. The subject of this paper is the treatment of persons with psychological difficulties and the violation of their civil rights. In a subject specific context the goal of the analysis was the historical review of the treatment towards persons with psychological difficulties by doctors, other practicioners and the community in general, with reference to the current situation regarding their treatment within the psychiatric institutions, as well as the legal regulations and the protection of their civil rights.

American jurisdictions seeking to reduce their heavy reliance on prison sentences should emulate European practices, but they should also learn from practices already found in some American states, and in all states at earlier times in our history. European countries make much less use of custodial sentences by employing alternatives such as prosecutorial diversion, fines and day fines as the sole sanction, suspended custodial sentences, and community service or training orders imposed as conditions of probation. These European practices should not be dismissed on the assumption that they are “too foreign”; each of them is well-known in the United States, and their use may be more common than we imagine. If we had better data on these practices – which we should – jurisdictions that aren’t often using them could learn from those that are. There may also be uniquely American practices that help to explain why some states have been able to maintain consistently low prison rates, or to lower their formerly high rates. One such practice is the use of sentencing guidelines combined with parole abolition, developed and monitored by an adequately funded independent sentencing commission, and matching prison use with available prison capacity. Finally, we should learn from our collective past; the United States has not always had extremely high “mass incarceration” rates, nor has it always had rates much higher than those in Europe. Americans should not accept, as the new normal, prison rates five times higher than those that prevailed for fifty years prior to the mid-1970s.

There have been numerous publications on genocide, which provides evidence that this topic is up-to-date, important and still insufficiently researched. The author of the legal concept of "genocide " is Rafał Lemkin, a Polish scholar of Jewish nationality: "Father of Genocide Convention". In 1948, the General Assembly of the United Nations adopted a convention on the prevention and punishment of genocide crime. During the hundred years (1894-1995), genocide repeatedly occurred in Central and Eastern Europe. The greatest genocide in human history is the extermination of the Jews (the Holocaust). The author also recalls the genocide of the Armenians (1894-1915) in the Ottoman Empire (although it goes beyond Central and Eastern Europe and Russia). There were numerous genocide cases in the Soviet Union, and it is only about them that it is possible to accumulate substantial literature. Namely, the author reminds: the Cossacks genocide following the Bolshevik revolution; genocide in the countryside in connection with the collectivization process; Great Famine in Ukraine; the extermination of entire national minorities (so-called national operations 1937-1938); the most massive such operation was the "Polish operation." The author also recalls genocide in the countries of former Yugoslavia: especially in the fascist so-called Independent Croatian State [Nezavisna Država Hrvatska - NDH). The genocide of Ukrainian nationalists on Poles (1943-1946) closes the text. The article describes the largest genocidal operations carried out in Central and Eastern Europe over the course of a century and outlines their historical and political background, the manner in which they were carried out and their relationship with the international law and individual national regulations in force at the time.

The author points out the peculiarities of the reform of the criminal legislation of Mongolia. In July 2017 it is planned the adoption of the new Criminal Code of Mongolia, in this regard, it is interesting to observe what are the trends of changes in the Institute of criminal sanctions of neighboring state, considering that the Russian Criminal Code in recent years is also subject to frequent changes and additions. Mongolia borders to Russia from the South-East and its history, culture, politics are closely intertwined with the population of such regionsof the Russian Federation as Buryatia, Irkutsk oblast, Tuva, ZabaykalskyKrai, so it is always interesting to observe the changes taking place there. It should be noted that in Europe the rejection of the cruelty of execution and application of penalties has fallen to XIX century, whereas the national legislation of Mongolia is changing in the humanistic direction in recent years. Due to the similarity of legal systems of Russia and Mongolia, it should be paid a particular attention to the reforming features of the national legislation of the neighboring border states, including in search of the most effective means of combating crime. Changes and improvements of the criminal legislation of Mongolia, including the penal system, in the author’s opinion, will provide food for thought and certain experience for the Russian legislator and law enforcers. In particular, the arrestas a form of criminal punishment which is not being performed in Russia so far since the present Criminal Code had entered into force, following the example of Mongolian colleagues, can simply be excluded from the list of punishments, it is enough to change the lower limit of imprisonment from 2 months, for example, up to 10 days.

In recent years the United States has undergone what some have termed a malpractice “crisis”. It has affected Canada and other parts of the world to a lesser extent and has been the subject of much debate. Throughout history the idea of what constitutes negligent surgical care and its consequences has not been an immutable concept but rather has fluctuated between seemingly polar extremes. In ancient Mesopotamia, the Hammurabi code describes bountiful rewards for successful surgery contrasted with mutilation or death for failed attempts. In ancient Egypt we see the extremes of strict dogma, where acceptable practice was laid out by ancient priestly documents and those who strayed from their precise format could be met with deportation or beheading, a practice that discouraged developing treatment for those with a poor chance of survival. In stark contrast to these cultures the physician/surgeons of ancient Greece had almost complete impunity. After the monastic orders in Europe were banned from surgical practice in 1130 the uneducated barber surgeons dominated the field. The minority of educated surgeons pointed out many examples of negligence and improper care by this group. Capital punishment and mutilation of negligent surgeons became common once again in the crusader states, as public humiliation was added to the punishment. During the renaissance in Italy, the actions of a regulatory council levied stiff fines for surgeons who infringed on the practice of physicians while seemingly paying very little attention to examples of gross negligence and patient abuse. Finally in the modern era, surgery developed much more effective treatments for many conditions. Paradoxically as soon as a technique became better for a condition, accusations of negligence for treatment of that condition became common.

AbstractThe downfall of Adolf Hitler was a significant development in the history of the world. His armies conquered almost all of Europe in a dramatic span of time by the employment of Blitzkrieg tactics. Before the outbreak of the Second World War, Hitler assisted General Franco in the Spanish Civil War. Later, while still fighting on the Western front, Hitler ordered the Afrika Korps to assist Italians in Northern Africa and in the Balkans region and finally launched Operation Barbarossa by invading the Soviet Union. The Anti-Comintern Pact, Pact of Steel and Tripartite Pact brought the Third Reich, the Empire of Japan and the Kingdom of Italy onto one page. This paper attempts to probe the multiple fronts and the efficacy of Hitler’s allies including Japan, Italy, Romania, Hungary, Slovakia, Bulgaria, Yugoslavia and Croatia and to try and find the causes behind the downfall of one of the strongest men the world has ever seen from a theoretical perspective. This research did not intend to glorify Hitler or Nazism, but focuses on how the maximization of power and the states’ actions with hegemonic aspirations triggered a balancing coalition and ultimately resulted in punishment from the system itself.

In the conditions of formation and development of new socio-economic relations, reformation of legislative state structures, executive and judicial power, the task of creating a legal basis for law strengthening and the law enforcement activity improving arises. The legal sciences should develop and form the statehood and lawfulness legal basis of law-enforcement activity, aimed to reliable protection of constitutional rights and legitimate interests of citizens, public formations and state structures of Ukraine. Criminalistics equips law enforcement officers with effective methods and means of detecting and investigating crimes, which promotes the principle of the inevitability of punishment, the objective use of criminal law and preventive influence. Recently, Ukraine has been paying special attention to the law enforcement agencies activities improving and strengthening the scientific and technical base for combating crime in general, and organized in particular. The current level of criminalistics science and the scientific and technical potential of the natural and technical sciences, allowing prosecutors, internal affairs, security and court authorities to prevent, suspend and investigate very complex crimes, thereby contributing to the solution of one of the main tasks – strengthening law and order in Ukraine . Criminalistics science is a legal science that has emerged in the criminal process depths in the last century as a set of technical means and tactical techniques, as well as ways of using them for disclosure and investigation. The article further investigates the problems of criminalistics theory and history in some countries of Europe, USA, and England. The overall purpose of this analysis is to investigate how the development of criminalistics outside our country, their problems, and most importantly, to reach a conclusion about the need for restructuring (or sufficiency) of criminalistics methods and expert research system. The study deals exclusively with the theory and history of scientific knowledge development in criminalistics outside our country, to identify the positive features of its modern development and extrap-olation to the conditions of our science, which serves as a specific tool in investigating crimes and identi-fying the perpetrators. In the next study, it is planned to offer a discussion among scholars and practitioners involved in crime investigations about the contemporary achievements possible implementation of our criminalistics colleagues abroad.

The radical change of politics and ideology in the post-Communist states in the Yugoslav area caused a revaluation of national histories. The production of desirable history has the political support of the current authorities in the states that emerged from the break-up of Yugoslavia. The features of revaluing the past and writing desirable history are: anti-communism, anti-Yugoslavism and radical nationalism. At the same time, the engaged attitude towards anti-fascism as a national phenomenon is evident. Partisan anti-fascism is diminished or denied, the partisan movement and Communist ideology are criminalized by insisting on real and imagined crimes, retaliation and repression against ideological opponents. Communism is completely declared a totalitarianism and a nationally harmful ideology. On the other hand, the ideology and practice of the subjects of collaboration are being relativized and efforts are being made to relativize responsibility, to present collaboration as a national need. Through a series of resolutions and recommendations from 1996 to 2019, the Parliamentary Assembly of the Council of Europe obliged the former socialist states to reconsider their past, to "dismantle" communism and remove the consequences of Communist rule, to rehabilitate victims of punishment for ideological conflicts. Everything is at the level of theory and anti-communist ideology. Procedures are not standardized, as the re-examination of the Communist-socialist past should be performed by the proposed subjects who can competently revise history and eliminate the consequences of totalitarian rule. History is being re-examined by whoever wants it, and rehabilitation without guilt is being done by local courts. There are no clear statements that revisionist practice is conditioned by European resolutions and declarations, but the character and content of revisionist journalism is in line with the adopted requirements.

<em>Merge rof Pricewaterhouse and Coopers &amp; Lybrands that occurred in 1998 creates PricewaterhouseCoopers as the biggest accounting firm in history. Conceptually and supported by previous empirical result firm size is expected to be positively correlated with audit quality. Large accounting firms have financial ability to improve its auditors skill and can act more independently because major part of their income do not come from one or two clients. They spend huge investment in audit technology as well. However, this positive relationship only applies to environments where punishment is strictly imposed on audit failure. Unlike their counterparts in the United States and Europe, auditors working in Indonesia rarely face legal issues related to the audit assignment. In addition, empirical studies in Indonesia have always classified local auditors as Big N auditors if they affiliate with one of Big N auditors assuming same quality with that of Big N auditors. This assumption does not necessarily hold. Therefore, in the context of Indonesia environtments, this study predicts PricewaterhouseCoopers merger does not affect the quality of the audit. Using abnormal accruals as a proxy for audit quality, the results show that after the merger audit quality has declined significantly.</em>

The discussion on the use of coercive interventions such as seclusion and restraint accompanies the history of psychiatry from its beginning. It is the oldest and still topical issue of psychiatric institutions. Nowadays, the political growing together of Europe puts questions of common ethical standards on the agenda. The quality of psychiatric care and particularly the use of freedom-restricting coercive measures for mentally ill people are a challenge for modern civilized societies. There is a wide variety in the use of coercive interventions in different European countries in the past and the presence. An important supra-national institution dealing with the issue of coercive interventions in mental health care is the CPT (Committee for the Prevention of Inhumane or degrading Treatment or Punishment). Available data on the use of coercive interventions in different countries were found by literature review. The percentage of admissions exposed to seclusion or restraint varies from zero (Iceland) to 35% (Austria). The median duration of a coercive measure varies from 15 minutes (physical restraint, UK) to 16 days (seclusion, Netherlands). Recently, in several European countries (Finland, Germany, Netherlands, Norway, Switzerland, UK) initiatives have emerged to reduce seclusion and restraint. Obstacles for decreasing coercion in clinical psychiatry are discussed, suggestions for action are given.

This article aims to critically review de Mussis’s report of the events at Caffa. De Mussi says in his account that Tartars catapulted their dead compatriots infected by the plague into the besieged city of Caffa in order to contaminate the Genoese defending the city and that some Genoese galleys fleeing from the city transported the disease to Western Europe. Some historians interpret his report of Tartars catapulting plague-infected bodies as an act of biological warfare, and others do not trust his account as a reliable historical record, while some works rely on his account, even though they do not interpret it as evidence of biological warfare. This article tries to determine whether his account is true or not, and explain historical contexts in which it was made. De Mussi was not an eye-witness of the war between the Tartars and the Genoese in the years of 1343 to 1437 in Caffa, contrary to some historians’ arguments that he was present there during the war. In addition, he understands and explains the disease from a religious perspective as does most of his contemporary Christians, believing that the disease was God's punishment for the sins of human beings. His account of the Tartars catapulting their compatriot’s bodies may derive from his fear and hostility against the Tartars, thinking that they were devils from hell and pagans to be annihilated. For de Mussi, the Genoese may have been greedy merchants who were providing Muslims with slaves and enforcing their military forces. Therefore, he thought that the Tartars and the Genoese were sinners that spread the disease, and that God punished their arrogance. His pathological knowledge of the disease was not accurate and very limited. His medical explanation was based on humoral theory and Miasma theory that Christians and Muslims in the Mediterranean World shared. De Mussi's account that Caffa was a principal starting point for the disease to spread to Western Europe is not sufficiently supported by other contemporary documents. Byzantine chronicles and Villani's chronicle consider not Caffa but Tana as a starting point. In conclusion, most of his account of the disease are not true. However, we can not say that he did not intentionally lie, and we may draw a conclusion that his explanation was made under scientific limits and religious prejudice or intolerance of the medieval Christian world.

В предлагаемой рецензии анализируется монография С. А. Васильевой «“В темнице был, и Вы пришли ко мне…” История зарождения практики тюремного служения в протестантской традиции и его влияние на ход пенитенциарных реформ в Америке, Европе и России», в которой систематизируется и осмысливается исторический опыт функционирования социального института тюремных капелланов и перспектив его внедрения в современную российскую уголовно-испол-нительную практику. The present review analyzes S. A. Vasilyeva’s monograph “"I was in prison and you came to visit me…" The History of Prison Pastoral Care in Protestantism and its Influence on Prison Reforms in America, Europe and Russia”, which systematizes and reassesses the historical experience of pastoral care and counseling for prisoners and analyzes the potential of its integration into the Russian penitentiary system.

The work shows that in the ancient world, only the people of Israel had principles of providing palliative care at the legislative level, which was due to the high ethical values of the religion of Israel and the presence of the Ten-Word Law of God, while the religions and philosophies of other peoples of antiquity were not given because of what they preached. no basis for the formation of palliative care as such. In the Middle Ages, concepts and doctrines preached by the state medieval church of Europe, according to which, in particular, pain should be endured as God’s punishment or test, made it impossible to form palliative care at the state level. Over time, the Great Reformation created conditions where Christian ethics with its principles of charity and care for one’s neighbor became the main factor influencing these processes. It was the changes in belief, in the background of public views on obligations to moral values, which are based on the values of the faith of the apostolic times, that prompted the authorities of numerous European cities to pay attention to the activities of church hospitals, and over time to the creation of city-communal hospitals and hospices. It is shown that the achievements of modern history demonstrate that the creation of an effective palliative care system is impossible without basic moral principles and spirituality. It should be a part of building the state as a whole, an important component of the functioning of civil society and ensuring the basic rights of citizens regarding life and health.

At a time when Ukraine, even with some lag behind other European countries, is beginning to finally lose its traditional folklore, its practical museification is a crucial task. One of the most important tasks of this process is to explain the preserved and reconstruct forgotten rites in their song context. Kupala needs an important place among the urgent issues of such an understanding. The polysemy of this word itself testifies both to its antiquity and to the gradual path to the loss of some meanings. The analysis of similar holidays among the peoples of Europe shows that the Ukrainian holiday with this name has absorbed many meanings that could belong to other calendar holidays or were transferred from Ukraine and occasionally adapted to other dates or occasions. The material for the analysis were only texts that have a direct mention of the dome in its various forms. The Ukrainian token Kupala has several meanings: the name of the holiday, a ceremonial tree, a pile of bushes for the Kupala hearth, Kupala songs are called kupala in the far northwest. The lyrics associate the word with such ceremonial content as weaving wreaths, lighting a bonfire by a young woman and keeping it for three days, jumping over a fire, girls fighting for boys, orgiastic actions of young people („purchase sin”) and even natural punishment for it by abdominal pain, witchcraft is often mentioned.

Criminal law is often described as the field of law that expresses the strongest national characteristics of a given jurisdiction and is the least amenable to change. Naturally, social rules providing some kind of penalty when violated have existed throughout the history of mankind. In Europe, the current understanding of criminal law has been shaped by Enlightenment thought, the ideas of human rights, liberalism and finally the national movements which led, inter alia, to the famous codifications of criminal law of the 19th century. In Russia, criminal law has certainly (not been isolated from the developments that took place in 19th century Europe. For example, the abolition of corporal punishment is but one good marker of humanisation. But compared to Europe, codified criminal law in Russia has been much less understood as the magna charta of the offender (Franz von Liszt), eventually leading to the study of human rights in criminal law. Rather, it has been viewed as the expression of the Tsars unfettered power to mete out punishment, - a line of thinking which indicates the continuing difficulty in Russian criminal law doctrine to accept limitations on the power of the legislator to criminalize. This paper will not deal with Russian doctrinal approaches to criminal law in a direct way. Instead, its purpose is to demonstrate the European Unions (EUs) current thinking on the effects that human rights have on the development of criminal law. As of today, criminal law is under a variety of influences among which the changing understanding of human rights is a very important one. In the Western world, there is a large amount of literature dealing with human rights and criminal law in general1 [1; 2], and it is hardly possible to come to an overall systematization. To be sure, there are parts of criminal law which have experienced very little change in light of human rights. One central tenet of human rights, for example, is the equality of men2 (in a pre-modern reading to include also women) which leads to the criminalization of slavery, slave trade, forced labor and trafficking in human beings. The smuggling of humans, on the other hand, is a much more controversial topic due to the fact that states show a strong desire to criminalize irregular migration. Another pillar of human rights is the human right to property3 which informs a whole range of criminal law provisions for violations of the right to property on land (theft, robbery, etc.) and on water (piracy). By comparison, the right to life is a more difficult concept. Human rights are behind the global drive for abolishing the death penalty4, but a number of other life-related issues are determined less by human rights than by religious and ethical views, such as the criminalization of abortion, aiding and abetting suicide, and euthanasia. Finally, a number of human rights are experiencing a very lively debate, e.g. freedom of speech5 [3] and freedom of religion, consequently there is also a high impact on the development of criminal law. European criminal law, understood as the total of the harmonized national criminal law systems of the EU Member states, offers a good example to study the effects of human rights. In the literature, there is the argument that changes in the understanding of human rights can lead both to criminalization and to de-criminalization. This has also been described as the «sword» function of human rights (using human rights to call for criminalization) and the «shield» function (using human rights law to call for limits to the use of criminal law and even de-criminalization) [1]. Both functions can be observed in a nutshell when analyzing the European criminal law that has emerged in the course of the last decade. For Russia, this article represents a (hopefully timely) contribution to the still nascent discussion on the effects of human rights on criminal law. Despite the Preamble to the newly adopted Constitution of the Russian Federation (RF) which affirms the role of human rights, Article 15 (4) Constitution RF limits the direct impact of human rights law to the universally accepted norms and principles of international law as well as to treaties concluded by the RF. The Constitution therefore appears to be closing the door to cutting-edge developments in international human rights law which are still not universally accepted.

The article examines a unique case in the history of the Catholic Church: the execution of Archbishop of York Richard Scrope for his participation in a rebellion against the king in 1405. Conflicts between monarchs and prelates were common in medieval Europe. Occasionally, sovereigns imprisoned recalcitrant hierarchs and might even have physically eliminated them, but never by public execution. The author discusses the possible reasons that led Richard Scrope, who supported Henry Bolingbroke’s ascent to the English throne in 1399, to raise an army against his king. Should the Archbishop’s rebellion be seen in the context of the July 1403 mutiny of Henry and Thomas Percy with whom Scrope was related or should we look for an imitation of Thomas Becket, who openly opposed Henry II to protect the liberties of the English Church? In addition to attempting to find answers to these questions, the article examines the public outcry caused by the execution of the archbishop. First, it deals with the reaction of the papacy and the measures taken by the Archbishop of Canterbury Thomas Arundel to conceal from the people information about the excommunication of those involved in the execution, including the king himself. Second, it deals with the rumors that circulated in English society about the nature of the illness that afflicted Henry immediately after Scrope’s execution. The rumor referred to the king’s illness as leprosy, believing it to be a punishment for shedding the blood of a servant of God. Finally, special attention is given to the cult of the executed Scrope, who was revered as saint and martyr in York. Despite royal prohibitions and even attempts to block access to Scrope’s tomb in York Cathedral, the flow of pilgrims to his burial site continued unabated. The veneration of Richard Scrope was unexpectedly supported by the crown during the reign of the York kings, who saw the executed archbishop as an opponent of the House of Lancaster.

The twentieth century began and ended with the execution of genocide. At the same time, it is the century in which large-scale armed conflicts were fought, including the First and Second World Wars. The Second World War was marked, among other things, by genocides committed against peoples that were planned for extermination by Nazi projects. In the first place, it is inevitable to mention the genocide (Holocaust) against the most numerous victims - the Jews. The Holocaust resulted in millions of victims. Mass murders of Jews were carried out, but in the Second World War, about a million people who were members of other nations were also killed. The Nazis carried out the systematic extermination of Jews and other target groups in concentration camps established in Germany, but also in occupied countries. Hundreds of camps were opened throughout the occupied territories of Europe. The target groups scheduled for extermination were collected and transported by trains, most often in transport and livestock wagons, and taken to camps where a certain number were immediately killed, while another number were temporarily left for forced labor. People who were used for forced labor often died of exhaustion, and those who managed to survive the torture were eventually killed. In addition to the closure and liquidation in the camps, individual and mass executions were also carried out in other places. The large number of those killed indicated the need for quick rehabilitation, which resulted in burning the bodies on pyres or burying them in mass graves. The committed genocides encouraged the formation of the United Nations, but also resulted in the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide, or for short - the Genocide Convention, which was supposed to be a guarantee for „never again“. Sanctions issued in the form of death sentences to the most notorious war criminals for the terrible crimes for which they were found responsible should have been another obstacle to „never again“. However, the participants of our time testify that it was not so. Genocidal projects have revived and genocides have been realized, as is the case with the genocide committed in the Republic of Bosnia and Herzegovina at the end of the 20th century. In the trial of the most notorious Nazis, known as the Nuremberg Trials, the harshest death sentences were handed down, as well as life and long-term imprisonment. The specificity of the Nuremberg process is that, in addition to proclaiming the principle of personal responsibility, it also represents a condemnation of the committed aggression, but also a political project as manifested by the condemnation of various organizations that were declared responsible for the crimes committed. At the main international military trial that began on October 18, 1945, 24 defendants were prosecuted for individual responsibility, but six criminal war organizations were also prosecuted - the leadership of the NSDAP (National Socialist German Workers' Party - NSDAP (National Sozialistische Deutsche Arbeiter Partei) headed by was Adolf Hitler - the most responsible criminal for World War II and the execution of the Holocaust), SS (Schutzstaffel - military branch of the NSDAP), SA (Sturmabteilung - Assault Squad of the NSDAP), SD (Sicherheitsdienst - Intelligence Service of the NSDAP), Gestapo (Geheime Staats Polizei - secret state police) and OKW (Oberkommando der Wehrmacht - Supreme Command of the German Army). Certain prosecutions were also carried out in the national courts of the countries that emerged victorious in the Second World War.

The post-medieval revival of the annalistic format in Iceland in the early seventeenth century involved a deliberate and very successful decision to align contemporary history-writing with a long and venerable past tradition. Although the post-medieval annals were not structured around an Easter table like their medieval counterparts, they did not record secular history in a modern sense. Temporal time and space existed within an infinitely vaster eternity, and the true goal of earthly life was accepted to be salvation of the soul. Death was represented in meditative literature of the seventeenth century as a life-long journey rather than a single isolated event, during which journey divine punishments might be deservedly meted out to individuals and communities as corrective action for those who strayed from the straight and narrow path. In this context, annals were a means of situating the past, present and future within a single narrative space. Early modern Icelandic annals such as Skarðsárannáll, compiled by Björn Jónsson of Skarðsá (1574–1655), have been approached as a source of well-structured data on very diverse topics, but far fewer studies have examined their internal narrative structure across and within individual entries. The present article focuses on an entry for the year 1553 in Skarðsárannáll that provides a cautionary tale on discipline and justice for early modern audiences. The entry describes the misfortunes of Bjarni of Efranes in Skagaströnd, who killed his first wife for killing their older son for killing their younger son. What has to date been received as a gory historical account of a chain of deaths set in motion by a mother’s inappropriate threat to castrate her misbehaving young sons is actually a hitherto unknown Icelandic variant of a well-known tale type, AT 2401/ATU 1343* (“The Children Play at Hog-Killing”). Very close parallels can be found in contemporary folklore collected in the twentieth century (Brunvand 03250, “The Mother’s Threat Carried Out”), and the narrative in Skarðsárannáll supports the circulation of older versions of ATU 1343* involving a castration threat. Comparison with a letter written by Bishop Guðbrandur Þorláksson of Hólar suggests that the character of Bjarni of Efranes in Skarðsárannáll is partly based on a farmer in Skagaströnd whose son died suddenly while fishing with a neighbour and his three grown sons. The incident was not investigated as a possible murder case until many years later, but one of the sons was arrested in c. 1611. The bishop’s letter indicates concern that fair judicial procedure had not been followed in detaining the man, who was later released. There was no evidence that murder had taken place, and the accused swore that the young man had died of natural causes. The case was never prosecuted, but it was an unsatisfactory conclusion for all parties involved, and Skarðsárannáll demonstrates that the suspects were widely believed to be guilty within their local community. According to Skarðsárannáll, the neighbour and all three of his sons met a miserable end as starving vagrants in a famine soon thereafter. The narrative implies that death by famine is their punishment for the crime they attempted to conceal. Through the connection of this event to ATU 1343*, the narrative also suggests the guilt of the victim’s family as an explanation for the apparent failure of justice in the case: the victim is the third son of Bjarni of Efranes. Bjarni supposedly walked three times barefoot around Iceland as a penance for the sin of killing his first wife before settling at Efranes, but even this deed was inadequate justice for slaying his spouse, and his temporal life was one of a condemned man. Although he remarried and attempted to start a new life, murder carried the penalty of death, and penance was inadequate to atone for such an act in post-Reformation Iceland. Just as in other versions of ATU 1343* circulating in early modern Europe, Bjarni of Efranes died of grief. As this is a Lutheran exemplum, no saints could materialise to bring him comfort: the practice of life-long repentance was his only hope of salvation.

During the 2018 World Cup in Russia, two Kosovo-born Swiss players stirred controversy when they flashed a double-headed eagle gesture during a contentious win over Serbia. The gesture was an assertion of ethnic Albanian pre-eminence in Kosovo and a rhetorical strike against the Serbians, who still claim ownership over Kosovo even ten years after its declaration of independence. The gesture sparked worldwide media coverage and prompted punishments by FIFA (the World Cup's governing body), which legislates against overt political expression during matches. In this article, I will examine the double-headed eagle gesture as an example of the body's unique capacity to perform multiple political interventions at once. Not only did it transmit a contentious history, it also undermined the anti-political boundaries erected around the scenarios of transnational combat engendered by FIFA, highlighted anti-immigrant sentiments still festering across Europe, and illustrated the communicative powers that elite players can access through their goal celebrations. Considering these valences supports my reading of this case as symbolic of the sort of ruptures produced by competing impulses operating in Europe today, one working for the affirmation of the union, the other for its dissolution.

The Balkans as a region of Southeast Europe is one of the most sensitive regions of Europe; this is where the sparks of war arose from the time of the Ottoman Empire until 2001 when a political solution was finally given to each problem of nationalities and inequalities in this region. The former Yugoslavia as an artificial creation of a state, lacking nationality, is one of the sources of conflicts which erupted with bloody wars caused by Serbia. The Yugoslav federation which gained political power after World War II consisted of 6 republics and 2 provinces. According to the Federal Constitution of Yugoslavia, all peoples must be integrated into Yugoslavia. Unfortunately within Yugoslavia there were privileged peoples, and others who were treated as secondary-class people. Albanians in Yugoslavia, most of whom belonged to the Autonomous Province of Kosovo, did not experience the status of equal population in Yugoslavia; Bulgarians were treated the same, most of whom lived in the Socialist Republic of Macedonia. The Republican government in Macedonia influenced by the Federal one has directly influenced Macedonia in the manner of discrimination against national minorities such as Albanians, Bulgarians, Hungarians, Roma, Ashkali, Turks, etc., while the: Serbian, Montenegrin, Macedonian people have been the most privileged ones within the Republic, as well as in the Yugoslav Federation.The communist regime in Yugoslavia denied any minority efforts for equality and prosperity. The most vocal in the quest for rights were Albanians and Bulgarians, who faced torture, draconian punishments, internment, and even murder in Yugoslav concentration camps. Yugoslavia, namely the Socialist Republic of Macedonia from 1945 until 2001, was the most dictatorial regime in the history of Southeast Europe for Albanians and Bulgarians; unfortunately the Bulgarian community in Macedonia, even with the new constitution, has not resolved its political, cultural, educational status etc…

The article discusses two key differences between pre-Mongol Rus’ and Byzantium in the field of church legal institutions. The author shows that the introduction of tithes from princely incomes instead of fixed payments for the churches was provoked by the absence of the Greek hierarchy in Russia at the moment of the consecration of the Kiev Tithe Cathedral in 995–996, as well as by only partially monetary nature of the Old Russian economy and the general crisis of the Byzantine model of financial support for the Church. However, it was part of civil legislation and did not contradicted Byzantine canon law. However, the practice of monetary penalties for sins introduced by Yaroslav Vladimirovich directly contradicted not only the canons of the Eastern Church, but also the essence of its law. They were introduced to make it easier for newly baptized Russia to adopt the norms of Christian morality by likening punishments for its violations to monetary penalties for civil crimes, which also distinguished the legal system of Old Rus’ (as well as Northern Europe) from the Greco-Roman one.

In 1960, women in southern Ethiopia's rural Konso district faced a violent campaign by local men to eradicate leather clothing following a ban imposed by the local governor, Tesfaye Hailu. Tesfaye, a man of the northern Amhara ethnic group, banned leather clothes along with bead necklaces and arm bracelets as part of imperial Ethiopia's “modernization,” which was influenced by disparate sources, including the United States. Tesfaye saw women's attire as “backward” and “unhygienic” and as obstructing modernization; its elimination was a means to improve Konso culture and help the empire join the community of modern nations. The “culture” of “the Other” has often been cast as impeding “modernity” and requiring elimination or change, particularly the practices of women, from genital cutting in eastern Africa to veiling among Muslim women in the Middle East and Europe (Hodgson 2009; Masquelier 2005; Merry 2009a). So it was with the widespread, politicized transition to cotton clothing in nineteenth- and twentieth-century eastern Africa. The target was clothing worn by all women in Konso and made by women in the low-status category of “Xauta,” sometimes referred to as a “caste.” Leather skirts signaled important stages in women's lives, and became extensions of individual women's tastes, experiences, and identities. Women today recall the violence and punishments of the campaign, including being chased, beaten, imprisoned, and fined, and even having their skirts forcibly removed at home and in public. They offer contradictory explanations of who initiated the ban and the reasons for it, but they remember clearly the local men involved in eradication efforts.

That was the year that was! 2021 seemingly arrived just yesterday and now we are shortly to bid it farewell. I hailed its predecessor as heralding the hope for a new clarity of vision – the start of a new decade which promised much. However, I have become reminded that perfect 20/20 vision in the present may not necessarily lead to reliable predictions for the future. Further I have immediately been taken back to my undergraduate days and the unforgettable words of the great poet T. S Eliot in his poem Burnt Norton – the first of the four Quartets Time present and time past Are both perhaps present in time future, And time future contained in time past. If all time is eternally present All time is unredeemable. What might have been is an abstraction Remaining a perpetual possibility Only in a world of speculation. What might have been and what has been Point to one end, which is always present They are words that seem to ring particularly true not only to anyone contemplating their remorselessly advancing years and reflecting on a career nearing completion, but they also seem particularly apposite for the experiences of the last two years. The pandemic started by destroying our expectations and predictions for what lay ahead. It ensured that our best laid plans for our immediate futures would remain unfulfilled and thus unredeemable. Subsequently during the year, we were left to speculate as to our future pathways - not only with regard to our professional activities, but also concerning our personal and family relationships – with a whole world of separation between ourselves and those of our kith and kin domiciled in distant lands. Though for some it may have been no more than a regional border! Such forced isolation caused many of us to think backwards as well, reflecting on our past trajectories and recalling both mistakes and successes alike. Yet for many it became a time to substitute the incessant demands of work and its associated travel and busy-ness with former and forgotten pleasures. Leisurely walks with friends and family, the rediscovering of rhythms and tempos unimpeded by the daily demands of our diaries and other extraneous demands on our time that had required us to respond immediately and forgo the immediate needs of the surroundings and people closest to us. Above all, with the future in limbo and the past re-emerging in our minds, it reinforced the realisation that the present is what we really have, and it contains what is most important. For a time, the incessant chatter and noise of the media retained our attention, just as it had dominated our attention at the end of 2019. Yet, somehow during the year, the hype and frenzied reporting seems to have diminished in impact. This was nowhere more evident than in the responses to COP26 – the 26th United Nations Climate Change Conference in Glasgow, UK. Items in the press came thick and fast leading up to the event: predictions of planetary doom; political conflicts were highlighted as world leaders met or didn’t meet on the conference stage; appearances by the celebrities of the world; demonstrations aplenty. All of this breathless activity faded imperceptibly out of our consciousness as the serious (but more boring?) negotiations between nations started to take place, with much of the brilliance of the limelight now exhausted. The anticlimactic conclusion was judged by Boris Johnson, the chair and among the most optimistic of politicians, as achieving a 6 out of 10. Several positive outcomes were identified such as: commitments to end deforestation; a global methane pledge; a socalled ‘Breakthrough Agenda’, which committed countries to work together to accelerate the clean energy transition. Yet predictably, this was labelled by the critics and activists as too little too late. Although there are many who would see climate crisis as the major crisis that faces us – there are many other current crises of even more pressing and immediate concern to very many of us. The most urgent of which, would depend upon your own circumstances and where you might find yourself in the world. Examples from recent media would include: the loss of previously taken for granted freedoms in Hong Kong; increased fears for personal safety and the prospect of hunger and poverty in Afghanistan; the loss of political freedoms and the prospects of war in Belarus and the Ukraine; the prospect of secession leading to renewed civil war in Serbia; another military coup in Sudan; civil unrest in Cuba, etc etc.. On a global scale the movement of people leaving failed states and war-torn areas looking for the chance to make a better future, has continued to increase on a scale that the world is quite unable to manage. Sadly, even in the countries that are eagerly sought as destinies, there seem to be endless stories of strife, anxiety and anger to be told. The Economist provides the example of France, the ninth largest economy in the world with the 20th largest population of 67+ million. This pillar of Europe is facing a presidential election. Far from rejoicing in its prosperity, stability and proud history – the mood is sombre. Tune in to any French prime time talk show this autumn, and discussion rages over the country’s wretched decline. France is losing its factories and jobs, squeezing incomes and small businesses, destroying its landscapes and language, neglecting its borders and squandering its global stature. Its people are fractious and divided, if not on the verge of a civil war, as a public letter from retired army officers suggested earlier this year. At the second presidential primary debate for the centre-right Republicans party, on November 14th, the five candidates competed with each other to chronicle French disaster. Listen to the hard right, and it is “the death of France as we know it”. The anxiety is widespread. In a recent poll 75% agreed that France is “in decline”. When asked to sum up their mood in another survey, the French favoured three words: uncertainty, worry and fatigue. So, we are entitled to ask, what is happening in the world as we contemplate the path out of Covid? Should we not be expecting some feeling of optimism and gratitude that modern medicine has provided a way forward out of the pandemic through vaccination and new medical treatments? We should be putting the trials and tribulations of the pandemic behind us, embracing the lessons we have learnt and anticipating the benefits of the reassessments and recalibrations we have undergone over the last two years. Yet instead, we seem to be facing re-entry into a world of strife and dissension. It is a view that that would seem to encourage retreat into the comfort of a limited and familiar space, rather than striking out confidently and optimistically. So, to return to Eliot – perhaps we need to be reminded that the present is all we have. We will only be able to experience our future when we arrive there. Therefore, the pathway we choose to it, should be as smooth, rich and rewarding as possible. It should not be characterised by hedonism but rather by enhancing rather than diminishing the future. Every moment spent devaluing either our future or our past, is a moment that further undermines our present. This last point is particularly true when we fail to see our present in the context of both our past and future. One of the major contributions to this current angst within our societies, appears to be the cultural wars being waged by the warriors of WOKE. Passing judgements on figures from a previous time, without a clear understanding of the context in which they operated makes absolutely no sense. It is akin to a capital punishment abolitionist vilifying the heroes of the French Revolution for allowing Madame Guillotine to be the agent of their retribution against the aristocracy. So, it is with defacing statues of those who lived and acted in far different times and were the product of the dominant values and beliefs of that time. It is indeed an act of vandalism. If we remove all evidence of the history to which such people belonged, how can we expect to learn from that time and ensure that the world does indeed move forward? Although we are talking about the context provided by time – this is equally true of all the contexts in which we currently find ourselves. It is impossible to understand human behaviour without knowing and understanding the context in which it occurs. This is a key principle of the science of human behaviour. Alas it is a principle that has been neglected in the sport sciences in recent years. Whereas research into the physiology, psychology and biomechanics of sport has flourished, too often it is reported in a way that fails to adequately take account of the context in which it occurs. It is why so many findings are ungeneralisable and remain in the laboratory rather than making the journey out onto the playing field of life. Understanding the history and the social context within which sport is practised is essential if scientists and professionals are going to be able to make comparisons between findings gained in different settings. Comparative studies in sport and physical education play an important role in enabling knowledge and understanding about these institutions to be widely shared. Our journal therefore has an important role to play in the development and sharing of knowledge and understanding between scientists and professionals in different settings. This is a role that has been filled by our journal over the last forty-three years. I am pleased to be able to report that the society (ISCPES), following a break of four years in activity, will be meeting again at the end of this year. The meeting which can be attended online will be hosted by Lakshmibai National College of Physical Education in India. Details are provided in this edition, and I commend this important meeting to you. That there is an interest and demand in comparative and international studies is clear from the number of submissions we have been receiving for our journal. The chance to meet with fellow researchers and colleagues in real time, if not actually face to face, is to be welcomed. It is my fervent hope that this will lead to continuing growth in interest in our multidiscipline and internationally focused field. I congratulate the organisers for their initiative. I would also like to pay tribute to former president Dr Walter Ho of the University of Macau, for his role in this as well as for his continuing support of our journal. So, I come to commend to you the contributions of this latest volume. They come from four different continents and as such provide a representative cross section of our readership. The topics about which they write give an example of the range of understanding and practices that can usefully be shared amongst us. In our first paper Croteau, Eduljee and Murphy report on the health, lifestyle behaviours and well-being of international Masters field hockey athletes. The Masters sport movement provides an important example of why sport represents a solid investment in assisting individuals to commit to health supporting physical activity across the lifespan. The study is particularly interesting, as it provides evidence of the broader sense of wellbeing to be gained by ongoing participation and also the fact that this benefit seems to apply even in the geographic and culturally different environments provided by life in Europe, North America and, Asia and the Pacific. Our second paper by Kubayi, Coopoo and Toriola addresses a familiar problem – the breakdown in communication between researchers and scientists in sport and the coaches who work with the athletes. The context for this study is provided by elite performance level sport in South Africa and the sports of soccer, athletics, hockey and netball. It is concluded that the sports scientists and academics need to be encouraged to make their work more available by presenting it more frequently face to face during coaching workshops, seminars, clinics and conferences. However, the caveat is that this needs to be done in a way that is understandable, applicable and relevant to helping the coach make effective decisions and solve problems in a way that benefits the athletes as the end product. A team of medical and pedagogical scientists from Gadjah Mada University in Indonesia provide the Asian input to this volume. They raise a concern over the issue of safety and risk in physical education and how well specialists in the subject are prepared in the area of sport injury management. Hidayat, Sakti, Putro, Triannga, Farkhan, Rahayu and Magetsari collaborated in a survey of 191 physical education teachers. They concluded that there was a need for better and more sustained teacher education on this important topic. PE teacher training should not only upgrade teachers’ knowledge but also increase their self-perceptions of competence. PE teachers should be provided with enhanced training on sports injuries and Basic Life Support (BLS) skills, in order to improve the safety and maximize the benefits of PE classes. It is a finding that could usefully be compared with current practices in other countries and settings, given the common focus in the PE lesson on children performing challenging tasks in widely varying contexts. Our final paper by Rojo, Ribeiro and Starepravo takes a very much broader perspective. Sport migration is a relatively new, specialised but expanding field in sports studies. This paper is however significant not for what it can tell us about current knowledge in sport migration, but rather in what it tells us about the way knowledge is gathered and disseminated in a specialist area such as this. Building on the ideas of Bourdieu, they demonstrate how the field of knowledge is shaped by the key actors in the process and how these key actors serve to gather and use their academic capital in that process. As such fields of knowledge can become artificially constricted in both the spaces and cultures in which they develop. The authors highlight a very real problem in the generation and transmission of academic knowledge, and it is one that International Sports Studies is well positioned to address. In conclusion, may I encourage you in sharing with these papers to actively engage in reflecting on the importance of the varying contexts these authors bring and how sensitivity to this can enlarge and deepen our own practices and understanding. John Saunders Brisbane, November 2021

RESUMENEl riesgo de morir en duelo fue consustancial a la cultura del honor. Incluso en países, como Francia o España, donde la muerte en duelo no era habitual. El nexo entre honor y vida, o entre sus contrarios, deshonor y muerte, permeaba el imaginario cultural de las élites liberales. La épica de los duelos giraba en torno a la probabilidad de que un combatiente pereciera, y aun cuando la muerte no fuese el objetivo buscado en el lance, siempre pesaba la incertidumbre: la amenaza de recibir una estocada dolorosa o la eventualidad de una lesión grave. La muerte planeaba sobre los desafíos y que acudiera, o no, al campo del honor dependía de diversas variables: la fogosidad de los rivales, la habilidad de los padrinos al concertar el duelo, que uno de los contendientes fuese militar, la naturaleza de la ofensa o que esta girara en torno a una mujer… También se cernía sobre el duelista la amenaza de la muerte eterna, pues la Iglesia condenaba los lances de honor y prohibía que los caídos en combate sin confesión recibieran sepultura sagrada. De todo lo anterior tratan las siguientes páginas, centradas en la cultura del duelo en España, enmarcada en el contexto internacional, y en la presencia en ella de la muerte. Palabras clave: honor, muerte, duelos, masculinidadTopónimos: España, EuropaPeriodo: Siglos xix y xx ABSTRACTThe risk of dying in a duel was consubstantial to the culture of honor, even in countries such as France or Spain, where death in a duel was not usual. The link between honor and life, or between their opposites, dishonor, and death, permeated the cultural imaginary of the liberal elites. The epic of duels revolved around the probability that a combatant would perish; and even when death was not the intended objective of the duel, uncertainty always weighed heavily: the threat of receiving a painful thrust or the eventuality of a serious injury. Death hovered over the challenges and whether it would come to the field of honor depended on several variables: the fierceness of the rivals, the skill of the godfathers in arranging the duel, whether one of the contenders was a military man, the nature of the offense or whether it revolved around a woman... The threat of eternal death also hung over the duelist, since the Church condemned duels and prohibited those who fell in combat without confession with receiving a sacred burial. The following pages deal with all of the above, focusing on the culture of mourning in Spain, framed in the international context and the presence of death in it. Keywords: honor, death, duels, masculinityPlace names: Spain, EuropePeriod: nineteenth and twentieth centuries REFERENCIASArmiñán, L. de, El duelo en mi tiempo, Madrid, Editora Nacional, 1950. Benítez Burraco, A., “Cómo funciona el arte de Pushkin: algunas reflexiones acerca del duelo entre Oneguin y Lenski”, Eslavística Complutense, 4 (2004) pp. 101-119.Banks, S.,“Killing with courtesy: The English Duelist. 1785-1845”, Journal of British Studies, 47/3 (2008) pp. 528-558.Blanco Rodríguez, E., “Rojo de vergüenza y condenado por cobarde: masculinidad, honor y duelos en la España decimonónica”, Ayer, 120 (2020), pp. 171-193.Blasco Herranz, I., “¿Re-masculinización de catolicismo? Género, religión e identidad católica masculina en España a comienzos del siglo xx”, en I. Blasco (ed.), Mujeres, hombres y catolicismo en la España contemporánea, Valencia, Tirant Lo Blanc, 2019, pp. 115-136.Borrego, A., Ensayo sobre la jurisprudencia de los duelos, por el conde de Chateauvillard, traducido del francés por A. Borrego, Madrid, 1891.Bravo, J., El concilio de Trento y el Concordato vigente, Madrid, 1887.Cañas de Pablos, A., “More Valuable Than Life Itself”: Military Honour and the Birth of Its Tribunal in Spain (1810–1870)”, Journal of Military Ethics, 21 (2022) pp. 304-319.Cervantes, A., Los duelos en Cuba, La Habana, Miranda, 1894. Chatauvillard, conde de, Essai sur le duel, París, Chez Bohaire, 1836.Chocano, M., “Pulsiones nerviosas de un orden craquelado: desafíos, caballerosidad y esfera política (Perú, 1883-1960)”, Histórica 35/1 (2011).Domenicheli, M., Cavaliere e gentiluomo. Saggio sulla cultura aristocrática in Europa (1513-1915), Roma, Bulzoni Editore, 2002. Echarri, F., Directorio Moral, Valencia, 1770. Esperón Fernández, A. J., “Honor y escándalo en la encrucijada del Sexenio Democrático: la opinión pública ante el duelo entre Montpensier y Enrique de Borbón”, en R. Sánchez y J. A. Guillén (eds.), La cultura de la espada. De honor, duelos y otros lances, Madrid, Universidad Rey Juan Carlos, 2019, pp. 245-287.Fernández de Córdova, F., Mis memorias íntimas, t. II, Madrid, Sucesores de Rivadeneyra, 1888. Estébanez, J., Lances de honor, Madrid, R. Velasco, 1909. Fetheringill Zwicker, J., Dueling students. Conflict, Masculinity, and Politics in German Universities, 1890-1914, The University of Michigan Press/Ann Arbor, 2011. Fontane, T., Effi Briest, Madrid, Alianza Editorial (ed. or.1895) 2004. Frevert, U., “Condición burguesa y honor. En torno a la historia del duelo en Inglaterra y Alemania”, en J. M. Fradera y J. Millán (eds.), Las burguesías europeas del siglo XIX. Sociedad civil, política y cultura, Madrid, Biblioteca Nueva, 2000, pp. 361-398.Gayol, S., Honor y duelo en la Argentina moderna, Buenos Aires, Siglo XXI, 2008.Guillén Barrendero, J. A., “Duelo, honor y nobleza en la Edad Moderna: un perfil de cultura nobiliaria”, en R. Sánchez y J. A. Guillén (eds.): La cultura de la espada. De honor, duelos y otros lances, Madrid, Universidad Rey Juan Carlos, 2019, pp. 43-63.Guillet, F., La mort en face. Histoire du duel de la Revolution à nos jours, Flammarion Paris, 2008. Hughes, S. C., Politics of the sword: dueling, honor, and masculinity in modern Italy, Columbus, Ohio State University Press, 2007. Jover Zamora, J. M., Política, diplomacia y humanismo popular, Madrid, Turner, 1976. Kiernan, V., El duelo en la historia de Europa, Madrid, Alianza Editorial, 1992.La entrada en el mundo o Guía práctica del joven cristiano, Madrid, 1883.Laguna Azorín, J. M., Los tribunales de honor. Su organización y funcionamiento. Validez legal de sus fallos, Madrid, 1914.Lehigh, J., Touché. The duel in literature, Harvard College, 2015.Lérmontov, M. Y., Un héroe de nuestro tiempo, Madrid, Akal, (ed. or. 1840) 2009. Luengo, J., “Masculinidad reglada en los lances de honor. Desafíos burgueses en el cénit de un fin de época (1870-1910)”, Rubrica Contemporánea, VII/13 (2018) pp. 59-79.Martorell Linares, M., Duelo a muerte en Sevilla, Coruña, Ediciones del Viento, 2016. —“El duelo en 1900: un delito especial”, en J. Alvarado Planas y M. Martorell Linares (coords), Historia del delito y del castigo en la Edad Contemporánea, Madrid, Dykinson, 2017, pp. 355-378.— “Camelot en 1900: el código del honor y el ideal del perfecto caballero”, en D. Martykanova y M. Wallin, Ser hombre, Sevilla, Universidad de Sevilla, 2022. Martykánová, D., “Los pueblos viriles y el yugo del caballero español. La virilidad como problema nacional en el regeneracionismo español (1890-1910)”, Cuadernos de Historia Contemporánea, 39 (2017) pp. 19-37.Matos e Lemos, M., “O duelo em Portugal depois da implantaçao da república”, Revista de Historia das Ideas, 15 (1993), pp. 561-597.Maupassant, G., “Un cobarde”, en Sangre y otros relatos, Madrid, Ambrosio Pérez, 1902, pp. 49-66.McAleer, K., Dueling. The cult of honor in the Fin-de-Siecle Germany, Princeton University Press, 1997.Mosse. G. L., The image of man: The creation of modern masculinity, Oxford University Press, 1996.Navarro García, M., Máximas de moral militar, Madrid, 1920.Nisbett, R. y Cohen D., “Violence and Honor in the Southern United States”, en J. E. Dizard, R. Merrill Muth y S. P. Andrews (eds), Guns in America, New York University Press, 1999, pp. 264-275Martínez Torres, R., “Introducción” a Mijáil Yúrevich Lérmontov: Un héroe de nuestro tiempo, Madrid, Akal, 2009, pp. 5-34.Nye, R. A., Masculinity and males codes of honor in modern France, Berkeley, University of California Press, 1998.Núñez Florencio, R., Militarismo y antimilitarismo en España (1888-1906), Madrid, CSIC, 1990Onieva, A. J., Pushkin, Madrid, Epesa, 1969. Parker, D. S., “Law, Honor, and Impunity in Spanish America: The Debate over Dueling, 1870-1920”, Law and History Review 19/2 (2001) pp. 311-341.Piccato, P., The Tyranny of Opinion: Honor in the Construction of the Mexican Public Sphere, Durham, Duke University Press, 2010. Ponce Alberca, J. y Lagares García, D., Honor de oficiales: los tribunales de honor en el ejército de la España contemporánea (siglos XIX-XX), Barcelona, Carena, 2000. Ramos Domingo, J., Crónica e información en el sermonario español, Salamanca, Universidad Pontificia, 2008. Ramos Yzquierdo, L., Código del duelo extractado y traducido de varios autores nacionales y extrangeros, Cienfuegos, 1889.Rangel, D. M., “O código d’honra e as alterações na prática de duelar em Portugal nos séculos XIX-XX”, Cultura, Espaço Memoria 2 (2011) pp. 244-264.Reyfman, I., “The Emergence of Duel in Russia: Corporal Punishment and the Honor Code”, The Russian Review, 54 (1995) pp. 26-43.Ruiz Albéniz, V., ¡Aquel Madrid! (1900-1914), Madrid, Artes Gráficas Municipales, 1944. Ruiz Fornells, E., La educación moral del soldado, Toledo, 1899.Sánchez, R., “Honor de periodistas. Libertad de prensa y reputación pública en la España liberal”, en R. Sánchez y J. A. Guillén (coords.), La cultura de la espada. De honor, duelos y otros lances, Madrid, Universidad Rey Juan Carlos, 2019, pp. 305-332.— “El duelo es una necesidad de los tiempos presentes»: opiniones sobre el carácter civilizador del duelo en la España del siglo XIX”, Memoria y civilización, 23 (2020), pp. 1-21.— “Aristocrats for Peace: The Anti-Duellist Conference of Budapest (1908)”, Ler História, 80 (2022) pp. 137-158. Sierra Valenzuela, E., Duelos, rieptos y desafíos: ensayo filosófico-jurídico sobre el duelo, Madrid, J. C. Conde y cía, 1878. Simpson, A., “Dandelions on the Field of Honor: Dueling, the Middle Classes, and the Law in Nineteenth-Century England”, Criminal Justice History, IX (1998) pp. 99-155.Sinor, D., “Duelling in Hungary between the two world wars”, Hungarian Studies 8/2 (1993) pp. 227-235.Tapia y Gil, A., Los suicidios en España, Madrid, 1900. Tovar, A., Código Nacional Mexicano del Duelo, México, Imprenta de Ireneo Paz, 1891.Urbina y Ceballos, J., marqués de Cabriñana, Lances entre caballeros, Madrid, Sucesores de Rivadeneyra, 1900. Varela Tortajada, J., El último conquistador: Blasco Ibáñez (1867-1928), Madrid, Tecnos, 2015. Vega Montes de Oca, D., Ligeras nociones de educación moral para el soldado, Madrid, 1901.Vida del Emmo. y Rvdo. Sr. Cardenal Arzobispo de Sevilla D. Marcelo Spínola y Maestre, Sevilla, 1924.Vílchez, J. F., “Cien años de la muerte de Suárez de Figueroa”, Cuadernos de periodistas, (julio 2004) pp.101-106.Yñiguez, E., Ofensas y desafíos, Madrid, Evaristo Sánchez, 1890.

Abstract New global histories of punishment are steadily decentring the history of punishment and convict labour, challenging traditional conceptions of a linear path towards a single penal modernity and the penitentiary as the telos of its history. Through an exploration of three strands of extramural convict labour emerging in Copenhagen (1558), Ulm (1561), and Almadén (1566), this interpretative essay argues that this challenge can be furthered by taking a view of Europe's own penal history from which the focus is less on origins and more on how the landscape of punishment evolved through a continuous and largely contingent process of assemblage. In this process, a few key elements – labour, displacement, pain, and confinement – were combined and mixed to different effects in specific contexts. Along with that approach comes the need to historicize the process by relating it to other practices of labour coercion, both within the penal field and outside it.

AbstractSentences of life imprisonment without a prospect of adequate review and release are prohibited in States party to the European Convention on Human Rights. Should the same principle apply when extradition is sought to States not party to the Convention? In Sanchez Sanchez v United Kingdom (2022), the Grand Chamber of the European Court of Human Rights applied a less strict standard for potential extraditees facing life without parole. We analyse this decision and its repercussions in light of the history of international cooperation in extreme punishment cases between Europe and the USA and recent interpretations of the new standard. The article concludes with an assessment of the level of proof litigants must present to satisfy the Sanchez Sanchez test and of how the law could continue to prevent inhuman and degrading treatment of extraditees facing life sentences.

El Tribunal Europeo de Derechos Humanos (TEDH), como máxima autoridad para la garantía de los derechos humanos y libertades fundamentales en Europa, tiene como finalidad específica la de garantizar el cumplimiento del Convenio Europeo de Protección de los Derechos Humanos y Libertades Fundamentales (CEDH), firmado en Roma, el 4 de noviembre de 1950. Si bien este texto, en sí, no contiene una regulación de específica protección para los casos de violencia de género y otros tipos de violencia contra la mujer, la casuística es perfectamente encuadrable en su contenido y, por ende, enjuiciable por este Tribunal. Y ello, precisamente, por el encaje de este tipo de violencia en el artículo 3 del CEDH, a cuyo tenor: “Nadie podrá ser sometido a tortura ni a penas o tratos inhumanos o degradantes”. En este sentido se pronuncia la Sentencia Opuz vs. Turquía, de 9 de junio de 2009, que conlleva la condena, por primera vez en la historia del TEDH, de un Estado parte por violencia doméstica y malos tratos. The European Court of Human Rights (ECtHR), as the highest authority for the guarantee of human rights and fundamental freedoms in Europe, has the specific purpose of ensuring compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), signed in Rome on 4 November 1950. Although this text, in itself, does not contain a regulation of specific protection for cases of gender violence and other types of violence against women, the casuistry can be perfectly framed in its content and, therefore, prosecuted by this Court. This is precisely because this type of violence is covered by Article 3 of the ECHR, which states: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment". In this sense, the Opuz v. Turkey Judgment of 9 June 2009 is pronounced, which entails the condemnation, for the first time in the history of the ECtHR, of a state party for domestic violence and ill-treatment.

In this article the biography of M. Yuriev has been analyzed. Yuriev was the head of the World History department of Dnipropetrovsk Institute of Public Education and worked at the University at the beginning of 1930-th. He graduated from Odessa University where he had studied law. His closest relatives emigrated to Europe. He worked in the museum and taught in Dnipropetrovsk University. At the beginning of 1930-th Yuriev headed the World History department. By the time he started working at the University, the most historians prepared before 1917 had been fired from the world history department. In the University there were companies against Ukrainian bourgeois nationalism. Yuriev was also involved in this ideological struggle. He criticized the teachers of the history of Ukraine for the “nationalistic bias”. He criticized them especially at the time of so called “socialist competitions” between the History and Philology Departments. Without having scholarly research works he was involved into the project of writing the history of Dnipropetrovsk plant named after Bolshevik Petrovsky The work of the most authors of this project was considered unsatisfactory. The texts were not printed, but they were seized and destroyed. During the “political cleaning” in 1934 Yuriev was expelled from the consignment and fired. In 1935 he was arrested and accused of Trotskyism. Yuriev was sentenced to 5 years imprisonment. He was sentenced again while serving a sentence in Leningrad region in 1937. The court judged him to capital punishment, in 1937 he was shot. In 1959 he was posthumously rehabilitated.

This study explores the utilization of the PalTalk chat application by the Eritrean diaspora as a platform for solidarity building and long-distance activism against totalitarianism in their home country between 2000 and 2016. The objective of this research is to analyze the role of Eritrean PalTalk as a transnational mobilization network, with a particular focus on “Smer” room, one of the most popular Eritrean PalTalk groups. The study delves into the evolution, struggles, and milestones of “Smer” room and illustrates how Eritrean migrants, living under a regime where private press is banned and criticism of the government is not tolerated, utilized chat rooms as safe spaces for solidarity building and public opinion construction. Additionally, the research considers how PalTalk may have enabled diaspora Eritreans to overcome fears of punishment from the repressive state, and how chat room patrons planned and mobilized diasporic mass demonstrations in Europe demanding the stepping down of their state leader.

Abstract With the abolition of the guild system and the rise of a new legal regime based on free contract, a central dilemma emerged in Europe: how to enforce labour control in this new era of individual economic freedom. This article examines how this issue was addressed in the State of Milan, where ideas about freedom of contract championed by state reformers such as Pietro Verri and Cesare Beccaria were met with continued requests from merchant-manufacturers to apply corporal punishment and threat of imprisonment to ensure workers’ attendance. Analysing the new regulations, the ideological credos of the new regime, and the effectiveness of the reforms as they played out on the ground in the silk industry, this article shows that the chance that labour relations could be managed within a civil law regime appeared to be in direct contrast with the dominant conception of workers’ conditions, in particular their lack of propriety and good faith. As credit-debt bonds and limitations to weavers’ mobility stood as the most effective means to ensure labour coercion, a closer look at the daily interactions in the workshop allows us to shed new light on the rationality of workers’ practices like Saint Monday, cast by contemporary commentators in merely moralistic terms.