This article examines the entangled logics of corporal and carceral punishments of mercenary soldiers in eighteenth-century Denmark. Beginning with the story of a single man and his unfortunate trajectory through a sequence of punitive measures before his death as a prison workhouse inmate, the article looks at how punishments of soldiers communicated in multiple ways and were used to a variety of ends that were both typical and atypical within eighteenth-century society. It argues that soldiers experienced a breadth of both corporal and carceral punishments that were, in many cases, designed to limit otherness while communicating exemplarity along a fine-tuned spectrum of pain. The clearest example of this was running the gauntlet; a harrowing physical ordeal meted out by the offender's fellow soldiers. Turning to the carceral experiences often initiated by this ritual, it then examines how former mercenaries experienced convict labour differently from other occupational groups based on several factors. Their gender and occupational belonging meant they were funnelled towards specific penal institutions. Yet, their status as migrants and potential military labour meant they would often exit these institutions in specific ways. Whereas civilians often endured dishonouring punishments, ex-military convicts experienced punishments designed to inflict great pain without rendering them unfit for later military labour.
This article traces corporal and collective punishment in relation to the labour control of slaves and other dependent persons during the Ur III period (c.2100–2000 BCE). Slaves and other dependent persons often worked in related contexts with some overlap in treatment. Persons of different statuses could be detained and forced to work. Persons of various statuses also received rations and other benefits, but the evidence suggests that the most extreme forms of corporal punishment were reserved for slaves. This article, however, contextualizes these threats of mutilation and the death penalty, demonstrating that such punishments should be considered the exception and not the norm.
This article examines legal relations between estate owners and their servants and workers on Danish estates in the nineteenth century. From the end of the eighteenth century onwards, the traditional privileged role of Danish estate owners was changing, and their special legal status as “heads of household” over the entire population on their estates was slowly being undermined. The article investigates the relationship between estate owners and their servants and workers in legislation and court cases during these times of change. It examines the Danish servant acts from 1791 and 1854 and identifies the asymmetric order of subordination and superiority in this legislation. The core of the relationship was still a “contractual submission” that, to some extent, was private and unregulated by law, and estate owners were entitled to impose sanctions and physical punishment on their servants and workers according to their own judgement. When the Servant Law of 1854 abolished estate owners’ right to punish adult servants physically, it was a significant break from the old legal order. However, a central element in the legislation, before and after 1854, was that servants’ and workers’ disobedience towards estate owners was illegal. By analysing court cases, the article examines the borderlands of the legal definition of disobedience. The elasticity in the legal system was substantial – and frequently favoured the owners. In the legal system, the notion of disobedience served to protect the last remnants of the traditional legal order of submission and superiority.