Keyword: «death penalty»

The article discusses the appropriateness and legality of the moratorium on the death penalty in the Russian Federation.

The paper examines how philosophy and theory of law (and its application) can use the arguments for death penalty and arguments against it. The author allocates conceptual position in debate about death penalty and analyzed legality of death penalty as restoration of social justice in modern society.

The proposed paper is devoted to theoretical problem – the possibility of applying the death penalty and other penalties for crimes against public authorities by the example of Ancient Rome. The article deals with the interpretation of the structure of crimes against the Roman state during the periods of Republic and Empire («the insult of the Majesty of the Roman people») and punishment – from exile («the prohibition of fire and water») outside of the state to the death penalty. Exile were mainly used in the period of the Republic for the support of the enemies of Rome; a holiday on will of prisoners; desertion; preparation of murder of the official; attempts to diminish the greatness of the gods, the Senate, the removal of magistrates from office, reduce power people's tribune. The death penalty was administered mainly during the Empire the attempts of the conspiracy, insulting the head of the Roman state, support for the enemies of the Emperor. Often the use of the death penalty depended on the arbitrariness of the monarch where the subjects had no offence against the government. The mercy of animals during circus performances and crucifixion were special forms of the death penalty, because they contained a warning that rebellion against the state or its officials entails a painful death.

The author considers the system of penalties for official and military crimes in the Roman criminal law. Most of the official crimes against public order in Ancient Rome was punished by exile outside the Roman state and penalties. Military discipline in the Roman army was supported by severe sanctions. They ranged from the death penalty to the imposition of special duties.