Landsförvisningen som försvann : Straffrättsreformen 1864

Exiling of offenders to society, state, and church – criminals and free thinkers – was not uncommon as a form of punishment across Europe during early modern times. Such penalties: exiling, banishment, or ostracism, were used in many countries as late as in the early 19th century. In Sweden, ostracism during the 19th century was mostly applied to nonconformist religious activities and convertites from the established Evangelical-Lutheran church, firmly associated with the state. Humanization of Swedish criminal law and abolition of ostracism was finally manifested in reformation of the criminal code in 1864. A new penalty system was introduced, from previous body and capital punishments towards prison and fines. In this study, the process of terminating ostracism was examined in relation to the prolonged legal debate and ongoing fight for religious freedom. These processes, as indicators of ongoing civilization and secularization in Sweden, were analyzed in terms of ideal and legal debates, leading actors, political standpoints, and compromises. Primary sources were archive materials from the old four estate parliament and newspaper articles during the period 1809–1864, focusing on the last decade. Ongoing secularization was observed in this study, as was a civilizing process of the Swedish society. The emergence of secular, liberal-political and legal driving forces were main agents in changing the criminal code, not primarily the church or religious humanizing efforts. Rather, church representatives tried to preserve ostracism as a way to protect the association of church and state in these times of political, social and economic transformation of Sweden.