Article ID Journal Published Year Pages File Type
1097919 International Journal of Law, Crime and Justice 2015 24 Pages PDF
Abstract

Suicide is largely decriminalized in the contemporary world. But self-killers in the past were sometimes considered criminals and subject to posthumous trials, convictions, and penalties. In societies where suicide was defined as a crime by the state, some self-killers had their corpses defiled and mutilated and their assets confiscated. Others, though, received no state sanctions. In this paper, I apply Donald Black's theory of law and social control to explain variation in suicide law: When is suicide defined and treated as a crime? When is suicide law most severe? I focus on the three variable features of the social geometry of a suicide case -- the centralization of the state where the self-killing occurs, the self-killer's relationship to the state, and the self-killer's social status. My central findings are consistent with what Black's theory would predict. Suicide law is most likely and most severe when 1) a self-killing occurs in a highly centralized state, 2) a self-killer is directly subject to strong state authority, and 3) a self-killer has an inferior social status. To support my findings, I draw mostly from recent historical scholarship on suicide and its aftermath.

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Social Sciences and Humanities Social Sciences Law
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