What is the Nepoleon Code Article 324?

The Napoleonic Code Article 324 is a part of the 1810 penal code, and it is something that has been copied by many countries, which allowed for men to put forward the defense of “crimes of passion”, claiming provocation or loss of control, in instances such as if a man finds his wife ‘in the act’ of being unfaithful. During the 1800s, approximately one-half of all trials where the crime of passion defense was used resulted in acquittal.

The actual law states:

Murder, committed by the husband, upon his wife, or by the wife, upon her husband, is not excusable, if the life of the husband or wife, who has committed such murder, has not been put in peril, at the very moment when the murder has taken place.

Nevertheless, in the case of adultery, provide for by article 336, murder committed upon the wife as well as upon her accomplice, at the moment when the husband shall have caught them in the fact, in the house where the husband and wife dwell, is excusable.

The code was altered in 1832, so that the crime of passion defense no longer constituted a complete defense, but was rather be sufficient enough to reduce the sentence of the defendant. The code provided that a murder committed by a husband upon his wife, or vice versa, was not excusable unless the life of the person committing the murder was put in danger at the time when the murder occurred, essentially, making it an act of self-defense.

Adultery, however, is covered under article 336, which says that where a husband committed the murder of his adulterous wife and his accomplice, at the moment when he caught them in the act of ‘flagrante delicto in the conjugal home’ is excusable.

In such cases, any sentence imposed may be substantially reduced. Given that in France the death penalty was used for murder for a long time, and other punishments included forced labor or deportation, the reduction of a sentence is a major part of the bill.

Many countries still use the ‘crimes of passion’ defence, both in Europe and in the western world, it is clear that there is a viewpoint in those countries that women who stray from their men are ‘the frail sex’ falling to temptation, and that they deserve the death penalty for it (in a sense), as do the men who lead them astray.

One issue that many feminists raise is that the subscription to Article 324 implies that a female’s life is worth less than that of her husband. That the husband, in essence, owns the woman and that if the woman brings shame upon him then she deserves whatever punishment he wishes to mete out, even if that punishment is as severe as death.

France no longer uses that code themselves, and the European Courts place equal value on all life and will punish murders as murder regardless of the circumstances with the consideration of self-defense. Laws in other parts of the world, even in some western countries that are outside of Europe, however, can vary massively on how they view issues of adultery and the idea of a crime of passion. While it can be understood that walking in on adulterous behaviour is a traumatic thing, the idea that it can drive someone to murder is clearly one that will cause heated debate amongst lawmakers, and that is not going to get solved in the next few years – given that it has been a debate for more than 200!

What Is Lex Julia De Adulteriis Coercendis?

Lex Julia de adulteriis coercendis is a law (lex) passed by a member of the Julian family (Julia), in this case, Augustus, the first Roman Emperor, making adultery (adulteriis) or extra-marital sex of a noble or respectable woman immoral and illegal.

Prior to the passing of this law, these type of extra-marital relationships were dealt with by the family. Normally the father of the woman or husband would punish the immoral act in any way that they saw fit. The law, in essence, made adultery a crime that was punishable by the legal system that was regulated.

In most cases, men who were found to have committed adultery could not be charged with the crime. However, a man could be charged along with a woman who had been charged. In addition, a husband who did not bring charges against an adulterous wife or did not divorce her as a result of the adultery could be charged with pandering. Pandering could result in the same punishment as for adultery.

Punishment for adultery under the law normally constituted banishment. This resulted in each of the guilty parties being sent to different islands. The women would also lose her status in society and be prevented from remarrying another man.

The law was mainly presented as a means to curb immorality in society, especially where it affected respectable families by making public what was formerly considered to be a private matter. However, there does seem to have been a political agenda behind this, by accident, to stop the birth of illegitimate children and their potential claim to titles, property and other privileges.

There is further evidence to suggest that Augustus had a personal stake in enacting the law. His daughter, Julia, who he often spoke of in terms of her immorality, was forced into a strict upbringing in order to protect the public image of the house of Caesar.

In absentia, he denounced his daughter for reasons of having been found to have committed multiple acts of adultery. He disowned Julia and she was banished to Pandateria. With this, she lost all the status that she had gained through her birth and previous marriages to significant members of society. While there is some evidence of Julia’s proposed transgressions, none were publicly brought to light and no man was charged alongside her.

Julia, as well as his grand-daughters, are said to be the main reasons for Augustus’ obsession with morality in society and enacting laws to make adultery illegal. Whether Julia actually committed adultery or was simply in transgression of Augustus’ own moral standards and codes for a respectable woman is debatable.

Most cases were not tried in a court of law but rather by the Roman Senate. This is controversial as the legislation, punishment for the crime as well as other factors could be loosely interpreted rather than enforced by the judicial system in a regulated way.

While adultery is no longer illegal in many countries around the world, the act is still punishable by law, religious precepts as well as privately.

What Is a Collectivist Culture Versus an Individualistic One?

Social scientists use various methods of defining people and cultures around the globe and throughout the course of history. Among those are the labels of collectivist and individualistic cultures. By understanding groups of people and how they view themselves and the world provides greater insight into their perspective, which can be of benefit in multiple ways.

Collectivist cultures are more concerned with the needs of the entire group whereas individualistic cultures emphasize self. There are many different cultures from around the world that social scientists classify as collectivist. However, the North American and European continents tend to hold more individualistic cultures than the rest of the globe.

Collectivism encourages familial and communal relationships. A great deal of emphasis is placed on loyalty to their family roles and duties. For instance, the aging citizens are cared for by their children rather than being housed in a nursing home. Rather than seeing it as a sacrifice it is their honor to fulfill the role of child honoring the parent who cared for them in the past.

Similarly, thinking about the community where they live occurs naturally. While folks in an individualist culture might not have a problem dumping garbage on another’s property, that would be considered improper behavior in a collectivist one. Additionally, if someone can do something that would better the world around them, they are expected and honored to do so.

The distinction between the two types of cultures can be seen in the working world as well. Whereas businesses set in individualistic groups might experience a lot of cut-throat behavior as everyone strives to be top dog, that would be out of line in a collectivist one. Instead, everyone is expected to work as a group so that the expected outcome can be achieved. When everyone works for a common cause and supports their co-workers, the entire operation runs more smoothly.

The roles regarding community extend as well to the rest of their country and even to the world as a whole. Businesses are expected to follow similar rules when it comes to the choices that are made. Often, other aspects of collectivist cultures include knowledge about energy in each living thing on earth and how the choices being made will eventually come full circle.

People who were raised in individualistic cultures identify themselves by their personality and characteristics. On the other hand, collectivist cultures have greater regard for their roles in family and society. Rather than wanting to stand out from the crowd, they want to be a positive part of the working collective that is bringing good to the world.

While it can be challenging to grasp viewpoints far different from the ones in which you were raised, doing so expands your understanding of the world and will help you to make more meaningful connections with the people that you meet. This is an important aspect of understanding the culture differences that exist between the two types of people and groups.

Consequences Of Homosexuality In ‘Honor’ Cultures

Cultural intolerance, stereotyping of different groups in a society, (for example homosexuals, different nationalities, and ethnicities), and intense dislike of certain groups can lead to aggressive and violent behavior towards victims and result in xenophobic or homophobic violence. Honor killings are an extreme form of punishment exacted by family or community members ostensibly to regain lost family honor in the wake of “dishonorable” behavior such as homosexuality, adultery or other sexual impropriety.

The most common types of honor violence perpetrated in honor cultures are:

1. Forced marriage
2. Honor-based physical domestic violence
3. Female genital mutilation
4. Honor killings

Honor killings are carried out by a family or community member as a way to regain the honor of the family in the case of perceived damage. Those responsible for murder can be siblings, husbands, parents, extended family members, or members of the community. Although there have been some cases of honor killings documented among all the major religions of the world, most occur in the Islamic regions of the Middle East, South Asia, and North Africa. No one really knows the true figures, but in the year 2000, the United Nations estimated that 5,000 killings took place worldwide every year.

Who Are The Victims?
The most common victims of honor-killings are teenage girls averaging 17 years and older women averaging 36 years old. Among men the most common reason is homosexuality. The practice seems to be on the increase and it is not clear whether this is because of better reporting, or the internet which plays a crucial role in helping to expose this violent behavior but at the same time creating opportunities for family members to track down relatives who are behaving “inappropriately”. The exposure of Westernized ways through popular media or immigration to age-old cultures that are less sophisticated and sexually liberated has resulted in more reasons for honor killings.

Many homosexuals have died or have been severely injured at the hands of their relatives for thousands of years and the murder of Ahmed Yildiz in Turkey helped coin the term of “gay honor killings”. Reports that more than a hundred gay or bisexual men were recently imprisoned and tortured in Chechnya forced dozens of gay men to escape from the country fearing for their lives. Almost all men in Chechnya are afraid of honor killings as the country is extremely conservative and predominantly Muslim. If families report gay men to the police they become a stain on the honor of the entire family. Even extended family members are seen by the community as being tainted, making it hard for young people to find marriage partners.

Homophobia is not confined to Chechnya but it is widespread throughout the whole of Russia where homosexual propaganda was controversially outlawed in 2013. Gay men are often sent to their family after being released from custody, essentially calling on relatives to carry out honor killings. Gay men know that their relatives will kill them in order to restore the family’s reputation that was tainted by them. Although there are gay organizations that can provide these men with accommodation, the fear that the Chechen diaspora could spread to the rest of Russia and continue the persecution they endured makes most of them want to leave their country of birth.

The first measure for stopping gay honor-killings that come to mind is an increase in punishment for perpetrators, but what really should be done is eradicating the motivation behind the killings. Honor-based cultures need to take serious measures to combat hate speech, discrimination, and murders against groups that are “different”, especially against homosexual men. Until then gay honor-killings will remain a festering sore on the face of the planet.

Consequences of Being Victims of Rape

Being a victim of rape is not a short-term ordeal that passes away with time.

It can have a profound impact on one’s mental health, and there are related consequences to keep in mind. Researchers have spent years with rape victims to understand how their life is after the attack. This article will dive deeper into recognizing some of the unspoken consequences of being a victim of a rape attack.

1) Long-Term Trauma To Body

Just like any physical attack on a person, there is long-term trauma involved with the incident.

The same applies to rape attacks where the body is injured and is going to take time to heal. In some cases, the damage can be permanent, and that is determined after an extensive examination by a medical professional.

2) Honor Killing

This is often seen in third world nations and is a major consequence for rape victims.

In these nations, the woman is a matter of honor for families, and if their honor is taken advantage of, they end up performing an honor killing. This makes the loved ones for the rape victim a significant threat, and something authorities in those nations pay attention to.

3) PTSD

Being a victim can also lead to PTSD in rape victims.

PTSD is “Post Traumatic Stress Disorder” where a person continues to relive the attack days, months, or years after. It can have a harrowing effect on their body and mind. Rape victims often talk about flashbacks, severe anxiety, and nightmares on a day-to-day basis.

They are unable to get their mind off of the rape attack, and that can start to torment them in the form of PTSD.

It’s important to note significant growth has been seen with PTSD, and a medical professional can assist rape victims who are dealing with this symptom.

4) Dissociation

A person who has had to deal with a rape attack isn’t going to feel the same as he/she did before.

This is why it is important to recognize the state of dissociation they can go through. What does this mean? In a state of dissociation, a person will start to check out on others and life. They will withdraw themselves and won’t feel like doing things they might have done in the past.

This can bring about a significant change to how they go about daily chores as they might not want to do anything at all.

In general, the victim continues to remain in a state of daydreaming where they are lost in their thoughts about the attack or something related to it.

These are the consequences of being victims of rape, and they’re not spoken about as much as they should be. A rape victim can go through an incredible ordeal after the attack making it worse than what occurred on the day of their attack.

Studies continue to pour time into recognizing the nuances of these concerns and wish to help those who are put into this situation.

Consequences of Spreading Allegations & Rumors

Allegations and rumors are a major concern and often left untouched by the masses.

However, they can have a crippling effect on a victim’s life if left ignored. Here are the consequences of spreading allegations and rumors for those who are involved. It is best to understand these consequences and recognize the impact of spreading false rumors.

1) Reduces Victim’s Social Standing

A person’s social standing is taken apart when allegations or rumors are spread on their name.

They might not be looked at in the same way or might not receive the same respect as they would if things had remained quiet. This can be doubly hard for those who haven’t done what the allegations are attaching them to.

2) Can Lead To Unjust Punishment

Due to the presence of allegations and rumors, a victim can start to face unjust punishment for his/her actions even if they didn’t do anything.

This punishment can come in various forms and might even present itself in the court of law depending on how far things go. If a case is made on the allegations, it can lead to a drawn out case that could have been avoided. Even if things don’t go to court, there are related punishments that can be damaging such as losing one’s job.

There are many examples where the victim has to pay for the gossip through other parts of his/her life.

3) Honor Killing

This has become a prominent reality in many parts of the world.

Honor killings can occur if the family of a victim feels they have been dishonored or their social standing has been reduced due to the gossip. If they are to believe these allegations and it can happen from time to time, an honor killing can become a real option.

This is a reality that is seen in various third world nations where the family’s honor is considered the most important part of living.

If someone brings that honor into disrepute, they are punished in the form of an honor killing.

4) Can Lead To Slander Charges

Yes, in certain cases a person who is spreading these allegations and rumors will also be charged. The victim can set up a case against them and prove why they have been harmed due to the gossip.

This has severe consequences in the court of law and can lead one to pay hefty fines or even facing time in prison.

This is why it is best to steer away from such conduct as it can be punished.

These are the consequences of spreading allegations and rumors on a day-to-day basis. While the consequences can vary depending on where a person is, these are commonly seen in all parts of the world. It is important to understand these consequences and remain alert while making a decision of this nature.

Authorities continue to remain alert when it comes to studying the impact of such actions and how they can impact victims in the short or long-term.

Consequences of Seeking A Divorce

Seeking a divorce isn’t as simple as going separate ways and calling it a day.

Instead, it comes with a lot of consequences people have to weigh as they are making a decision about the next phase in their life whether it be small like paying the fee of their lawyer to even more severe, like wondering if they might be brutally murdered for bringing shame upon their family.

1) Legal Costs

It starts with legal costs.

Getting a divorce involves a legal process where a couple is going to see their finances analyzed along with the issue at hand. A judge is going to hear both sides before deciding on how the assets will be split along with the custody of children (if necessary).

A person has to weigh the costs and make sure they can afford these costs if a decision such as this is made. In some cases, a legal case can take far too long and add up in costs making the situation a difficult one to manage. Plus, a legal case also separates the couple so side deals can be made along the way.

2) Separation Anxiety

This is a consequence for those who might be used to the idea of having someone in their life.

A person might not want to leave a person even if they are ready to take a divorce and the situation is impossible to resolve. Separation anxiety tends to bother people, and they become afraid of the idea of getting a divorce. Society is built in a manner where people are supposed to be with someone as they get older.

If they go against this, it can make it difficult to manage other areas of life, and that can be harrowing to some even if it shouldn’t be.

3) Societal Declaration of Divorce

Society has a precise definition of what a divorce should mean.

A couple that goes against the notion of marriage and doesn’t resolve its issue get looked down upon. This can lead to people judging how a couple is and that is something people want to avoid.

4) Honor Killing

A divorce is something women are told is a mistake and something one should avoid at all costs even if the circumstances are dire.

This is a system where families want to place their honor above the person involved. Due to this logic, a person avoids going down this route as it dishonors the family name. If the divorce goes through, it’s assumed the family has been dishonored, and that can lead to situations where honor killings take place.

Women have to account for this in many nations around the world.

A divorce is a major decision for men or women, and it has become something with long-term consequences. It’s not as simple as separating from a person and calling it a day. Various consequences are attached to the notion of getting a divorce.

People take the time to weigh these consequences and assume they’re going to play a role in how things unfold after the divorce proceedings are complete.

The Concise History of Arranged Marriages

Throughout the civilized world, most cultures have adopted some form of the institution of marriage to protect bloodlines, set down some rules for family life as well as to ensure the propagation of the species.

The traditions surrounding these laws have been varied and complex, fearsome even. While many cultures considered the woman and man to be equal, this concept was not always practiced. Throughout medieval Europe, for example, men and women held very different roles and responsibilities to the family, and to the established religious system.

Arranged marriage was a common practice. These imposed unions were more often to seal deals between important families, consolidate wealth or other reasons beyond mutual attraction. There was not much choice for those involved, however, consequences for refusing to commit to an arranged marriage were scathing indeed.

In previous chapters of human history, the arranged marriage was a great way to ensure the strength and prestige of families. Furthermore, people didn’t get out as much as they do now, it was more probable that a father or mother could find a kind and caring spouse for their child who probably knew little more than farm life.

The consolidation of power and family social status was also dependent on the choice of spouse made by a son or daughter, and you can imagine how much the family would weigh in on these decisions. The desire for gain is another great benefit to a suitable match and dowries were expected from a bride hoping to climb the social echelons.

The practice faded from many cultures with the great improvement we have made in communications and social advances. Nevertheless, there are many cultures in existence throughout the world that still rely on the decisions of family elders for marriage decisions.

Even though there may have been some advantages to arranged marriages in the past, today they have been known to be seriously problematic. The absence of any mutual attraction in an arranged marriage can lead to all kinds of conflicts that will not be resolved in any mutually respectful way.

The greed of family elders can lead them to aggravate these issues with threats of violence and worse if children do not agree to a lucrative arrangement. As a rule, there is very little consideration for either spouse, but more typically the wife’s wishes in the arrangement. Many arranged marriages are actually conducted for girls as young as 13 and boys as young as 14.

Many of these same cultures have poor standards of equality between the man and the woman. It is common practice for everything the wife owns to be given to the husband including herself and children. Whether they planned on it or not, the decision to have children is out of the woman’s hands and they are under the full control of their husband. This often leads to many instances of physical abuse and non-consensual sexual relations.

As if the consequences of an arranged marriage were not bad enough, the consequences for refusing could be even worse. Men could face being disinherited in some cultures and disemboweled in others. Women were often subjected to family rejection, shame, beating and in many cases it would be the responsibility of the father or another family member to execute the rebellious young lady.

These “Honor Killings” or brutual accidents were performed to preserve the family honor and send a warning to other such individualists. The saddest part of all this is that many cultures still practice this archaic tradition.

Common Methods of Honor Killings

The term “honor killing” is something that seems contradictory. In general Western thought, killing someone is not considered an honorable act without compelling justification (e.g., killing a burglar in your house to protect yourself or your family from harm).

But all over the world, and in some prominent cultures, killing someone for the sake of a family’s honor is justifiable and almost encouraged by some codes of tradition, even if sometimes not explicitly codified in writing.

While an “honor killing” can be perpetrated against a man or a woman, the large majority of them in the world are perpetrated against women by male members of her own family. A woman (or man) who brings “dishonor” to her family is killed, even if the “dishonor” is only alleged and is not outside the norms of the surrounding culture. It is usually all about the religious and cultural norms of the family of origin and not about the culture in which that family lives.

It is difficult to get a number of how many murders or forced suicides are actual “honor killings” around the world, as many of them are unreported, or cannot be determined by facts of the cases. It is estimated, however, that thousands of women are killed in these “honor killings” at the hands of their male family members every year. In recent years, Muslim “honor killings” have been in the news, but the tradition is not limited only to Islam.

As “honor killings” are considered “crimes of passion” because they involve shame and anger, there are very rare cases of these killings taking place with a firearm. Some of the key methods of “honor killing” that have been recorded include stabbing, stoning, beheading, burning with acid, burning alive with fire, the cutting of the throat, and even cutting off of limbs.

In Western countries, many “honor killings” are done by stabbing, with the killings occurring for one of two main reasons  – a woman is considered “too Western” or “too promiscuous” (which can be considered in a form of dress or attitude and may not actually be true in a sexual sense). There is very little due process in these events; if any male of the family feels that woman has brought shame to the family because of how he feels, that can be justification for the killing.

And those emotions (shame and anger, primarily) are the reasons and motivations behind the methods of killing being so intimate and passionate that a firearm doesn’t seem to satiate the shame. Some of the methods are specifically mentioned in certain religious or cultural codes as the way to restore honor to the family.

A woman who is “too Western” can be killed if she has an affair, has sexual relations outside of a marriage, refuses as arranged marriage, asks for a divorce, or even does the “Western” thing of having independence and a desire to choose her own husband.

A woman who is “too promiscuous” can be a woman who does not dress in traditional religious or cultural garb meant to display modesty, or is seen out in public with a man who is not her husband, or has a boyfriend or significant other who is not of that family’s religion or culture (which is considered “inferior” to the family’s belief system).

It seems that there has been a trend in recent studies of known honor killings, in that the average age of those who are killed for being “too promiscuous” is about 17, and those who are “too Western” at age 36.

The Death of Shafiela Ahmed

A lot of people feel that honor killings happen “over there” in the Middle East or in other remote Asian countries. Back in 2003, on English soil, Shafilea Ahmed, a 17-year-old British Pakistani woman, was murdered by her parents.

It all started when Shafilea went to visit Pakistan in 2003. During her trip, she swallowed bleach in what was reported to be a suicide attempt. Her father, on the other hand, claimed that it wasn’t a suicide attempt that she mistakenly drank the bleach thinking it was water during a blackout. Her throat became very damaged and she was required frequent medical treatment. Meanwhile, the media reported that she turned down an arranged marriage during her trip to Pakistan.

She disappeared on September 11, 2003. After a week long manhunt, and noticing that Shafiela didn’t seek medical attention for her throat detectives started to believe that she was potentially murdered.

In February 2004 her body was found. The body was badly decomposed and the cause of death could not be determined.

A break in the case came in August of 2010. When the Ahmed family home was burglarized, Shafilea’s younger sister admitted to the police that her parents had murdered her sister. She then went on to explain the details of how her father and mother conspired and executed Shafilea.

On September 7, 2011, her parents were charged with murder. On August 3, 2012, they were both found guilty of murder and sentenced to life imprisonment with a minimum term of 25 years. Below is a documentary that details much of the case: