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DOI10.19233/AH.2017.32
THE DESERTERS IN THE FIRST HALF OF THE 19TH CENTURY AND THE PUNISHMENT FOR THOSE WHO GAVE THEM HELP. THE CASE OF CRIMINAL ACTS OF THE REGIONAL TRIBUNAL OF LJUBLJANA IN THE YEARS 1825-1849
Stariha, Gorazd
通讯作者Stariha, Gorazd
来源期刊ACTA HISTRIAE
ISSN1318-0185
出版年2017
卷号25期号:3页码:701-718
英文摘要

In former times deserting and deserters were something very common and of a frequent occurence. Once deserted, the deserters had to live somewhere and off something, they were still dependent on the societey they were hidding from. However, the desertion was criminal off ence, as well as abetting the deserters, or even collaborate with them.


In the penal court records created at district court in Ljubljana, dealing with the crime of hidding and helping the deserters (1825-1849), is outstanding how the investigating magistrates strove to diminish the importance of evidences and proposed mitigations of the punishments, quite diferent as in the cases of a "real" crime. And whay would they did so, how the explanation could be worded?


Maybe the answer, or at least part of it, is that the authority didn’t want to make the conflict about very unpopular army even harsher. For instance, even before the introduction of the national service (1770), there was promulgated the law in 1758 which inhibited cathching the conscripts on sundays and feasts in front or in the churches, for doing so provoked a huge reluctance, even riots. Further, soon after introduction of the national service followed promulgation of the law which warned against threatening with forced recruitments in public announcements. Emperor Joseph II in his law about conscription and recruitment system ordered the recruitment must go tactful, unruffled and quiet, at all events people must not be startled with it at night. When recruiting, the special attention should be paid to the recruits, they should be treated well so they wouldn’t take dislake and aversion against military service.


Generally, there was a lot of hipocrisy about recruitment. On the one hand the laws allowded the authorities get rid of the vagrants and masters of disobedient workers by putting them into the army. But in the same breath they ordered these procedures must be done with all the tactfulness, to avoid the impression the people were sent into the army for punishment. Likewise, the authorities were renewing inhibition of cathching the conscripts on holy ground, and at the same time closing their eyes not to see catchpoles doing that all the time.


Howsoever, people disliked the army and military service most. Judging from the contemporary legislation, especially the recruitment one, this was not typical only of the Carniola province. So, we have the question to answer, if the dealing with the deserter abetters in other Austrian provinces was likewise indulgent as it seems it was in Carniola.


英文关键词19th century penal legislation enlistment deserters abetting the deserters brigands
类型Article
语种其他
国家Slovenia
收录类别SSCI ; AHCI
WOS记录号WOS:000418823000011
WOS类目History
WOS研究方向History
资源类型期刊论文
条目标识符http://119.78.100.177/qdio/handle/2XILL650/196976
作者单位Unit Gorenjska Kranj, Hist Arch Ljubljana, Savska Cesta 8, Kranj 4000, Slovenia
推荐引用方式
GB/T 7714
Stariha, Gorazd. THE DESERTERS IN THE FIRST HALF OF THE 19TH CENTURY AND THE PUNISHMENT FOR THOSE WHO GAVE THEM HELP. THE CASE OF CRIMINAL ACTS OF THE REGIONAL TRIBUNAL OF LJUBLJANA IN THE YEARS 1825-1849[J],2017,25(3):701-718.
APA Stariha, Gorazd.(2017).THE DESERTERS IN THE FIRST HALF OF THE 19TH CENTURY AND THE PUNISHMENT FOR THOSE WHO GAVE THEM HELP. THE CASE OF CRIMINAL ACTS OF THE REGIONAL TRIBUNAL OF LJUBLJANA IN THE YEARS 1825-1849.ACTA HISTRIAE,25(3),701-718.
MLA Stariha, Gorazd."THE DESERTERS IN THE FIRST HALF OF THE 19TH CENTURY AND THE PUNISHMENT FOR THOSE WHO GAVE THEM HELP. THE CASE OF CRIMINAL ACTS OF THE REGIONAL TRIBUNAL OF LJUBLJANA IN THE YEARS 1825-1849".ACTA HISTRIAE 25.3(2017):701-718.
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