Ban (law)
Bann denotes the legal or religiously charged sanction of the exclusion of a deviant individual or group for the purpose of maintaining an order that is regarded as legitimate.
Origins
The word ban is derived from the French ban , which in the Middle Ages referred to the area that was under the jurisdiction of a liege lord or bannherren (troop leader). An excommunicated or Outlaw has no right to stay there and is called " outlaw " outside the jurisdiction, at the same time legal and legal certainty offered (see also outlawry and city # freedom ).
Originally deviants were considered to be possessed by certain negative powers such as demons , on which the ban was performed as a magical banishing of these spirits in the form of exorcism . These possessive spirits drove and ruled out the ban, which offered protection to the extent that the concept of the ban mile still expresses it today .
From this magical-exorcistic understanding arises the idea that certain people can banish something or someone. This is what the formulations commonly used today go back to, such as: like watching in awe or being under the spell of certain music .
Ban as a category in secular and canon law
The ancient world practiced the ban in different forms, for example the people of Athens banished unpopular people from the community in the shard court .
In the Roman Republic around 450 BC. After disputes between patricians and plebeians, the Twelve Tables law was created, which was fundamentally in force, albeit reformed, until the fall of the Roman Empire. According to this, there were initially two possible forms of exemption in Roman law : aquae et ignis interdictio , in which a criminal or disliked person could - legally - evade the (threatened) judgment by fleeing the conviction, but lost his civil rights and assets and relegatio . Here the convicts - often politically active persons - were assigned a distant province as their place of residence; but he retained his civil rights. A well-known example of a lifelong banishment is the poet Ovid . Evidence from the empire : deportatio (in the case of adultery, arson, poisoning, incest, forgery, sacrilege, kidnapping, etc.) The exile possessed nothing more than his clothes, lost his civil rights and was often murdered before or after his arrival in the place of exile. Under the Christian emperors, deportation was extended to include “sectarianism” and “violation of administrative regulations”. All forms of exile could be politically motivated.
The Semitic linguistic world reproduces the ban as haeraem ( isolate , forbid, consecrate), which solemnly celebrates the singling out of a gift for sacrifice (see also scapegoat ), or formally the extermination of a hostile group or an entire people during a war . It is also expressed in the Arabic words " Haram " and " Harem ".
The ban came into effect in Germanic law as an eight in the case of murder , manslaughter, robbery , bodily harm , theft , arson , witchcraft , false testimony , insult , rape , incest etc.
The Christianity accepts the Hebrew term spell first in the New Testament with the Greek anathema ( excommunication ). This term, actually a gift of consecration to God, connects the ban with a sharp curse or a self- curse and does not immediately place it in a group social, but an exclusively theological reference. For excommunication from the congregation, however, the formula of surrender to Satan was used. (1 Corinthians 5.5).
The Christian Church practiced the ban as penance and criminal proceedings against heretics from the 4th century onwards with the anathema formula. In the Middle Ages , the ban took on the prominent role of social branding, which goes hand in hand with discrimination in the secular area. Examples of this are the excommunication by Pope Gregory VII. On Henry IV. In the course of the investiture dispute and the ban bull Decet Romanum Pontificem , with which Martin Luther was excommunicated on January 3, 1521. (For more see: excommunication ).
With the Enlightenment , the ban loses its primarily theological significance, but remains present as a legal sanction. Powers such as Great Britain , France or Russia have practiced the banishment of delinquents for centuries ; mainly for the purpose of colonizing remote areas.
In the 20th century
In the 20th century, the instrument of banishment was used in a special way by the South African apartheid regime of the National Party against organizations and numerous citizens of their country. This measure was introduced in 1950 with the Suppression of Communism Act - after which Nelson Mandela was banned several times -, tightened with the Unlawful Organizations Act of 1960, and its successor, the Internal Security Amendment Act (Act No. 79/1976) of 1976, which was created under international pressure , which changed a total of five "safety laws", continued to be practiced.
The ban orders were directed against all critics of apartheid, in particular leading intellectuals, such as church officials, educators, university teachers, writers and lawyers , on charges of communism . The ban consisted of precise restrictions, for example a comprehensive ban on activity and residence, being tied to a specific place, the ban on any publications, public appearances or participation in events, the ban on meeting more than one person, the ban on contact in general and a Quotation prohibition by third parties, everything in individual definition depending on the individual case. This ban policy was branded in 1971 by the South African lawyer Anthony S. Mathews as the " leader principle ".
With the bans, the government banned numerous democratic organizations of the black and colored population that campaigned for human rights and equality in the country. This in turn generated the process of black consciousness , a self-confidence and a feeling of togetherness that emerged from repression. The banning decisions were only made on the basis of the authorizations of the responsible minister of justice formulated in the laws, were outside the scope of judicial jurisdiction and were made without hearing the persons concerned. Failure to comply with the requirements, even with the slightest violation (for example: a few minutes late in the case of control reports) was punished with the minimum penalty of one year in prison.
In the meantime, the ban often occurs in the private sector and in organizations that can use it to expel a member (for example, the organization Reporters Without Borders was expelled from the United Nations Human Rights Commission for one year in 2003. The organization had issued leaflets to protest against Libya had taken over the chairmanship of the UN Human Rights Commission.) In China, forms of banishment are used against critics of the prevailing conditions there.
See also
Web links
Individual evidence
- ^ Johann Ehrenfried Zschackwiz : Complete Political History of the States of Europe. bey Christian Wilhelm Brandt, Hamburg, 1739, p. 270 ( limited preview in the Google book search). GVK : bibliographic evidence
- ↑ Daniel Dufour: The Forsaken Child. Mankau Verlag GmbH, 2012, ISBN 978-3-863-74047-4 , p. 10 ( limited preview in the Google book search).
- ↑ See also: Jacob Grimm: Weisthümer. Dieterich, 1840, p. 418 ( limited preview in the Google book search).
- ↑ Aquae et ignis interdictio on wikisource.org.
- ↑ Deportation in insulam on wikisource.org.
- ^ SAIRR : A Survey of Race Relations in South Africa 1976 . Johannesburg 1977, pp. 44-50 (English).
- ↑ a b Manfred Kurz: Indirect rule and violence in South Africa . Work from the Institute for Africa Customer, No. 30. Hamburg (Institute for Africa Customer) 1981, pp. 99–115.
- ^ Elisabeth Adler (ed.): Apartheid as a challenge for South Africa's Christians and churches. For how much longer? Documents 1970 to 1980 . Berlin 1982, p. 245.
- ^ AS Mathews: Security Laws and Social Change in the Republic of South Africa . In: Heribert Adam (Ed.): South Africa: Sociological Perspektives . London 1971 (English).
- ↑ UN excludes Reporters Without Borders from meetings. In: Netzeitung. July 24, 2003, archived from the original on August 10, 2003 ; Retrieved December 8, 2011 .