Criminalization of Homicide in Early Modern Denmark (16th–17th Centuries)

Abstract

This article explores the criminalization of homicide in early modern Denmark, 16th–17th centuries. Criminalization is here defined, primarily, as the harshening of penalties for homicide in law and practice. The article shows that a process of criminalization took place that contributed to a pacification of the population (demonstrated by a decrease in homicides) but also engendered practices of resistance and evasion which were reminiscent of a medieval feud culture. The attitude towards homicide was for a long time ambivalent, not just among the lower classes but at all levels of society. Criminalization and pacification were mainly products of state-building through harsher punishment and the formation of a more reliable legal system. This top-down process meshed with the broader population’s demands for justice and security.