The Death Penalty and Historical Change in Spain

Abstract

This article studies the long duration of the death penalty in Spain until its abolition in the Constitution of 1978. After analysing the plurality of theoretical approaches and possibilities offered by archival sources and specialised historiography (particularly those produced by specialists in the history of law and social history), I synthesise the Spanish answers to the major questions posed in the international historiographical debate on this issue. I then review the for-mality and the religious and juridical content of these “ceremonies of torment” in order to understand the scope of the practice of the death penalty in processes of social change: what did political power transmit from the scaffolds and what type of social impact was generated by public executions? How did the institutions that exercised the death penalty evolve? Why, during the transition from the Old Regime to the liberal state, was the death penalty used more regularly than before? How many prisoners were in fact executed, for what crimes, and using what procedures and techniques? Finally, after confirming that in the decades straddling the nineteenth and twentieth centuries the death penalty was on the decline, being counteracted by abolitionist discourse in the field of penal sentencing, I examine the functions played by political executions in the repressive dynamics of the Civil War and Francoism.