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Rituals of Retribution: Capital Punishment in Germany, 1600-1987

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The state has no greater power over its own citizens than that of killing them. This book examines the use of that supreme sanction in Germany, from the seventeenth century to the present.

Richard Evans analyses the system of `traditional' capital punishments set out in German law, and the ritual practices and cultural readings associated with them by the time of the early modern period. He shows how this system was challenged by Enlightenment theories of punishment and broke down under the impact of secularization and social change in the first half of the nineteenth century. The abolition of the death penalty became a classic liberal case which triumphed, if only momentarily, in the 1848 Revolution. In Germany far more than anywhere else in Europe, capital punishment was identified with anti-liberal, authoritarian concepts of sovereignty. Its definitive reinstatement by Bismarck in the 1880s marked not only the defeat of liberalism but also coincided with the emergence of new, Social Darwinist attitudes towards criminality which gradually changed the terms of debate. The triumph of these attitudes under the Nazis laid the foundations for the massive expansion of
capital punishment which took place during Hitler's `Third Reich'. After the Second World War, the death penalty was abolished, largely as a result of a chance combination of circumstances, but continued to be used in the Stalinist system of justice in East Germany until its forced abandonment as a result of international pressure exerted in the regime in the 1970s and 1980s.

This remarkable and disturbing book casts new light on the history of German attitudes to law, deviance, cruelty, suffering and death, illuminating many aspects of Germany's modern political development. Using sources ranging from folksongs and ballads to the newly released government papers from the former German Democratic Republic, Richard Evans scrutinizes the ideologies behind capital punishment and comments on interpretations of the history of punishment offered by writers such as Foucault and Elias. He has made a formidable contribution not only to scholarship on German history but also to the social theory of punishement, and to the current debate on the death penalty.

1046 pages, Hardcover

First published May 9, 1996

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About the author

Richard J. Evans

68 books857 followers
Richard J. Evans is one of the world's leading historians of modern Germany. He was born in London in 1947. From 2008 to 2014 he was Regius Professor of History at Cambridge University, and from 2020 to 2017 President of Wolfson College, Cambridge. He served as Provost of Gresham College in the City of London from 2014 to 2020. In 1994 he was awarded the Hamburg Medal for Art and Science for cultural services to the city, and in 2015 received the British Academy Leverhulme Medal, awarded every three years for a significant contribution to the Humanities or Social Sciences. In 2000 he was the principal expert witness in the David Irving Holocaust Denial libel trial at the High Court in London, subsequently the subject of the film Denial. His books include Death in Hamburg (winner of the Wolfson History Prize), In Defence of History, The Coming of the Third Reich, The Third Reich in Power, and The Third Reich at War. His book The Pursuit of Power: Europe 1815-1914, volume 7 of the Penguin History of Europe, was published in 2016. His most recent books are Eric Hobsbawm: A Life in History (2019) and The Hitler Conspiracies: The Third Reich and the Paranoid Imagination (2020). In 2012 he was knighted for services to scholarship.

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12 reviews1 follower
August 18, 2007
Was the holocaust a natural extension of capital punishment? After reading Rituals of Retribution I'd argue yes, this is the case, and no, this is not a rhetorical slippery slope fallacy.

Capital punishment has always served as political theater to prop up authoritarian brutality and power. Taking the well-documented history of executions in greater Germania, Evans draws a clear, bright line through 400 years to link the relative valuation of life to negative liberties to genocide. When a civil society permits the state to kill its citizens it grants the state unrestrained power to expand the conditions warranting the removal of undesirable elements or, as they're more quaintly known, human beings.

What's odd is the people who whine loudest about social engineering when it comes to education, health care, and welfare, are the loudest death penalty proponents. This is a common and deep contradiction. Capital punishment is the principal tool of social control, a very close second only, maybe, to torture.
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