eventually died out and were formally abolished in Britain in the mid-l9th century.
19) Although the "guilty property" fiction is reminiscent of the justification for forfeiture under the law of deodand, the use of the fiction in admiralty proceedings may have developed out of necessity and practicality, rather than as a genuine belief that the property itself was guilty of wrongdoing.
11) However, the courts initially used the rationales underlying deodands and escheat upon attainder, namely that the property itself is guilty and that a wrongdoer could legitimately be deprived of his property, respectively, as justification for statutory forfeitures in the United States.
Finkelstein, The Goring Ox: Some Historical Perspectives on Deodands
, Forfeitures, Wrongful Death and the Western Notion of Sovereignty, 46 TEMP.
It misses a lot to compare corporations like Exxon Mobil, Microsoft, or AIG to a horse or a cart that was treated as a deodand
under ancient English law.
In contrast, Blackstone believed that the deodand had deeper significance than a family's need for revenge.
40) Whatever one's views of its derivations, deodands were a valuable source of revenue for the Crown and continued in England until the mid-nineteenth century when they were abolished by statute.
After a brief historical description of deodand and frankpledge, the article traces the history of corporate criminal liability from William Blackstone through Arthur Andersen.
Arguments in the first category are expressive and match those that once might have defended deodand.
Although the concept of the deodand
did not formally become part of American law, Judge Enslen has observed that practice remain: The concept of the deodand
has been transformed by the historical process.
10) Although it originated as a form of religious expiation for causing the death of another, the deodand
continued after it lost religious significance, justified as a form of punishment for negligence.
died when he fell from a wheel of an immobile cart, only the wheel was treated as a deodand
, since only the wheel could be regarded as the cause of death.