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Legal Definitions - felon-de-se
Definition of felon-de-se
Felon-de-se is a historical legal term that literally translates from Latin as "felon of himself." It refers to the act of committing suicide. Under ancient English common law, suicide was considered a felony, meaning it was a serious crime. While modern legal systems no longer classify suicide as a criminal offense, the term reflects this historical legal perspective where the act of taking one's own life was treated with the same gravity as other serious crimes, often leading to consequences like forfeiture of property or denial of traditional burial rites.
Example 1: Historical Legal Consequence
Imagine a wealthy merchant in 17th-century England who, facing financial ruin and disgrace, takes his own life. Under the common law of that era, his act would have been deemed felon-de-se. This historical classification meant that his property could be forfeited to the Crown, rather than passing to his heirs, and he might have been denied a Christian burial, illustrating the severe legal and social condemnation of suicide at the time.
Example 2: Legal Scholarship and Historical Analysis
A legal historian writing an academic paper on the evolution of criminal law might discuss the concept of felon-de-se. They would use the term to explain how drastically legal attitudes towards suicide have shifted over centuries, contrasting the historical view of suicide as a punishable crime with modern approaches that focus on mental health support and prevention rather than criminalization.
Example 3: Depiction in Historical Fiction
Consider a scene in a historical novel set in 18th-century London where a character, overwhelmed by personal tragedy, attempts suicide but is discovered and saved. The legal and social repercussions faced by this character, such as public shaming, potential imprisonment, or even ecclesiastical penalties, would be a direct consequence of the prevailing legal doctrine that considered suicide, and even its attempt, as felon-de-se. This highlights the severe societal and legal condemnation associated with the act during that period.
Simple Definition
Felon-de-se is an archaic legal term referring to a person who committed suicide. Historically, suicide was considered a felony, meaning the act was treated as a crime against the state, with legal consequences for the deceased's estate. This concept is no longer recognized in most modern legal systems.