Sunday, September 10, 2017

Treason and Traitors

In law, treason is the crime that covers some of the more extreme acts against one's nation or sovereign. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason against the king was known as high treason and treason against a lesser superior was petty treason. A person who commits treason is known in law as a traitor. Oran's Dictionary of the Law (1983) defines treason as a "citizen's actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation]". In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aiding or involved by such an endeavor.

At times, the term "traitor" has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or insurrection, the winners may deem the losers to be traitors. Likewise the term "traitor" is used in heated political discussion – typically as a slur against political dissidents, or against officials in power who are perceived as failing to act in the best interest of their constituents. In certain cases, as with the DolchstoBlegende  (Stab-in-the-back myth), the accusation of treason towards a large group of people can be a unifying political message. Treason is considered to be different and on many occasions a separate charge from "treasonable felony" in many parts of the world.

History

In English law, high treason was punishable by being hanged, drawn and quartered (men) or burnt at the stake (women), although beheading could be substituted by royal command (usually for royalty and nobility). Those penalties were abolished in 1814, 1790 and 1973 respectively. The penalty was used by later monarchs against people who could reasonably be called traitors, although most modern jurists would call it excessive. Many of them would now just be considered dissidents.

In William Shakespeare's play King Lear (c. 1600), when the King learns that his daughter Regan has publicly dishonoured him, he says "They could not, would not do 't; 'tis worse than murder": a conventional attitude at that time. In Dante Alighieri's Inferno, the ninth and lowest circle of Hell is reserved for traitors; Judas Iscariot, who betrayed Jesus, suffers the worst torments of all: being constantly gnawed at by one of Lucifer's own three mouths. His treachery is considered so notorious that his name has long been synonymous with traitor, a fate he shares with Benedict Arnold, Vidkun Quisling, Marcus Junius Brutus (who too is depicted in Dante's Inferno, suffering the same fate as Judas along with Cassius Longinus). Indeed, the etymology of the word traitor originates with Judas' handing over of Jesus to the chief priests, captains of the temple and elders (Luke 22:52): the word is derived from the Latin traditor which means "one who delivers." Christian theology and political thinking until after the Enlightenment considered treason and blasphemy as synonymous, as it challenged both the state and the will of God. Kings were considered chosen by God, and to betray one's country was to do the work of Satan.

Many nations' laws mention various types of treason. "Crimes Related to Insurrection" is the internal treason, and may include a coup d'etat. "Crimes Related to Foreign Aggression" is the treason of cooperating with foreign aggression positively regardless of the national inside and outside. "Crimes Related to inducement of Foreign Aggression" is the crime of communicating with aliens secretly to cause foreign aggression or menace. Depending on a country, conspiracy is added to these. In Japan, the application of "Crimes Related to Insurrection" was considered about Aum Shinrikyo cult which caused religious terrorism.

Related Offenses

There are a number of other crimes against the state short of treason:

  • Apostasy in Islam is considered treason in Islamic belief.
  • Compounding treason is dropping a prosecution for treason in exchange for money or money's worth.
  • Defection, or leaving the country, is regarded in some communist countries (especially during the Cold War) as disloyal to the state.
  • Espionage or spying.
  • Lèse majesté is insulting a head of state and is a crime in some countries.
  • Misprision of treason is a crime consisting of the concealment of treason.
  • Sedition is inciting civil unrest or insurrection, or undermining the government.
  • Treachery, the name of a number of derivative offences.
  • Treason felony, a British offence tantamount to treason.

https://en.wikipedia.org/wiki/Treason

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