Author: Albrecht Classen
Publisher: Walter de Gruyter
ISBN: 3110294583
Category : Literary Criticism
Languages : en
Pages : 612
Book Description
All societies are constructed, based on specific rules, norms, and laws. Hence, all ethics and morality are predicated on perceived right or wrong behavior, and much of human culture proves to be the result of a larger discourse on vices and virtues, transgression and ideals, right and wrong. The topics covered in this volume, addressing fundamental concerns of the premodern world, deal with allegedly criminal, or simply wrong behavior which demanded punishment. Sometimes this affected whole groups of people, such as the innocently persecuted Jews, sometimes individuals, such as violent and evil princes. The issue at stake here embraces all of society since it can only survive if a general framework is observed that is based in some way on justice and peace. But literature and the visual arts provide many examples of open and public protests against wrongdoings, ill-conceived ideas and concepts, and stark crimes, such as theft, rape, and murder. In fact, poetic statements or paintings could carry significant potentials against those who deliberately transgressed moral and ethical norms, or who even targeted themselves.
Crime and Punishment in the Middle Ages and Early Modern Age
Author: Albrecht Classen
Publisher: Walter de Gruyter
ISBN: 3110294583
Category : Literary Criticism
Languages : en
Pages : 612
Book Description
All societies are constructed, based on specific rules, norms, and laws. Hence, all ethics and morality are predicated on perceived right or wrong behavior, and much of human culture proves to be the result of a larger discourse on vices and virtues, transgression and ideals, right and wrong. The topics covered in this volume, addressing fundamental concerns of the premodern world, deal with allegedly criminal, or simply wrong behavior which demanded punishment. Sometimes this affected whole groups of people, such as the innocently persecuted Jews, sometimes individuals, such as violent and evil princes. The issue at stake here embraces all of society since it can only survive if a general framework is observed that is based in some way on justice and peace. But literature and the visual arts provide many examples of open and public protests against wrongdoings, ill-conceived ideas and concepts, and stark crimes, such as theft, rape, and murder. In fact, poetic statements or paintings could carry significant potentials against those who deliberately transgressed moral and ethical norms, or who even targeted themselves.
Publisher: Walter de Gruyter
ISBN: 3110294583
Category : Literary Criticism
Languages : en
Pages : 612
Book Description
All societies are constructed, based on specific rules, norms, and laws. Hence, all ethics and morality are predicated on perceived right or wrong behavior, and much of human culture proves to be the result of a larger discourse on vices and virtues, transgression and ideals, right and wrong. The topics covered in this volume, addressing fundamental concerns of the premodern world, deal with allegedly criminal, or simply wrong behavior which demanded punishment. Sometimes this affected whole groups of people, such as the innocently persecuted Jews, sometimes individuals, such as violent and evil princes. The issue at stake here embraces all of society since it can only survive if a general framework is observed that is based in some way on justice and peace. But literature and the visual arts provide many examples of open and public protests against wrongdoings, ill-conceived ideas and concepts, and stark crimes, such as theft, rape, and murder. In fact, poetic statements or paintings could carry significant potentials against those who deliberately transgressed moral and ethical norms, or who even targeted themselves.
Medieval Crime and Social Control
Author: Barbara Hanawalt
Publisher: U of Minnesota Press
ISBN: 9780816631681
Category : Social Science
Languages : en
Pages : 288
Book Description
Crime is a matter of interpretation, and never was this truer than in the Middle Ages, when societies faced with new ideas and pressures were continually forced to rethink what a crime was -- and what was a crime. This collection undertakes a thorough exploration of shifting definitions of crime and changing attitudes toward social control in medieval Europe. These essays reveal how various forces in medieval society interacted and competed in interpreting and influencing mechanisms for social control. Drawing on a wide range of historical and literary sources -- legal treatises, court cases, statutes, poems, romances, and comic tales -- the contributors consider topics including fear of crime, rape and violence against women, revenge and condemnations of crime, learned dispute about crime and social control, and legal and political struggles over hunting rights.
Publisher: U of Minnesota Press
ISBN: 9780816631681
Category : Social Science
Languages : en
Pages : 288
Book Description
Crime is a matter of interpretation, and never was this truer than in the Middle Ages, when societies faced with new ideas and pressures were continually forced to rethink what a crime was -- and what was a crime. This collection undertakes a thorough exploration of shifting definitions of crime and changing attitudes toward social control in medieval Europe. These essays reveal how various forces in medieval society interacted and competed in interpreting and influencing mechanisms for social control. Drawing on a wide range of historical and literary sources -- legal treatises, court cases, statutes, poems, romances, and comic tales -- the contributors consider topics including fear of crime, rape and violence against women, revenge and condemnations of crime, learned dispute about crime and social control, and legal and political struggles over hunting rights.
The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Medieval Law and Punishment
Author: Donna Trembinski
Publisher: Crabtree Publishing Company
ISBN: 9780778713609
Category : Juvenile Nonfiction
Languages : en
Pages : 36
Book Description
Rules and laws strictly governed people's lives in the Middle Ages. Failure to observe any law could lead to imprisonment, torture, or even death. Medieval Laws and Punishment details the laws that kept order, who was responsible for enforcing the law and carrying out punishments, and what would happen to people who took the law into their own hands.
Publisher: Crabtree Publishing Company
ISBN: 9780778713609
Category : Juvenile Nonfiction
Languages : en
Pages : 36
Book Description
Rules and laws strictly governed people's lives in the Middle Ages. Failure to observe any law could lead to imprisonment, torture, or even death. Medieval Laws and Punishment details the laws that kept order, who was responsible for enforcing the law and carrying out punishments, and what would happen to people who took the law into their own hands.
Harnessing the Power of the Criminal Corpse
Author: Sarah Tarlow
Publisher: Springer
ISBN: 3319779087
Category : History
Languages : en
Pages : 277
Book Description
This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Focusing on the eighteenth and nineteenth centuries, it looks at the consequences of the 1752 Murder Act. These criminal bodies had a crucial role in the history of medicine, and the history of crime, and great symbolic resonance in literature and popular culture. Starting with a consideration of the criminal corpse in the medieval and early modern periods, chapters go on to review the histories of criminal justice, of medical history and of gibbeting under the Murder Act, and ends with some discussion of the afterlives of the corpse, in literature, folklore and in contemporary medical ethics. Using sophisticated insights from cultural history, archaeology, literature, philosophy and ethics as well as medical and crime history, this book is a uniquely interdisciplinary take on a fascinating historical phenomenon.
Publisher: Springer
ISBN: 3319779087
Category : History
Languages : en
Pages : 277
Book Description
This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Focusing on the eighteenth and nineteenth centuries, it looks at the consequences of the 1752 Murder Act. These criminal bodies had a crucial role in the history of medicine, and the history of crime, and great symbolic resonance in literature and popular culture. Starting with a consideration of the criminal corpse in the medieval and early modern periods, chapters go on to review the histories of criminal justice, of medical history and of gibbeting under the Murder Act, and ends with some discussion of the afterlives of the corpse, in literature, folklore and in contemporary medical ethics. Using sophisticated insights from cultural history, archaeology, literature, philosophy and ethics as well as medical and crime history, this book is a uniquely interdisciplinary take on a fascinating historical phenomenon.
The Criminalization of Abortion in the West
Author: Wolfgang P. Müller
Publisher: Cornell University Press
ISBN: 0801464625
Category : History
Languages : en
Pages : 279
Book Description
Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and "tort" and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller’s book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.
Publisher: Cornell University Press
ISBN: 0801464625
Category : History
Languages : en
Pages : 279
Book Description
Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and "tort" and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller’s book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.
The Cambridge World History of Violence
Author: Matthew Gordon
Publisher: Cambridge University Press
ISBN: 9781107156388
Category : History
Languages : en
Pages :
Book Description
Publisher: Cambridge University Press
ISBN: 9781107156388
Category : History
Languages : en
Pages :
Book Description
A History of Law in Europe
Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
ISBN: 1107180694
Category : History
Languages : en
Pages : 823
Book Description
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Publisher: Cambridge University Press
ISBN: 1107180694
Category : History
Languages : en
Pages : 823
Book Description
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Rural Space in the Middle Ages and Early Modern Age
Author: Albrecht Classen
Publisher: Walter de Gruyter
ISBN: 3110285428
Category : Literary Criticism
Languages : en
Pages : 932
Book Description
Older research on the premodern world limited its focus on the Church, the court, and, more recently, on urban space. The present volume invites readers to consider the meaning of rural space, both in light of ecocritical readings and social-historical approaches. While previous scholars examined the figure of the peasant in the premodern world, the current volume combines a large number of specialized studies that investigate how the natural environment and the appearance of members of the rural population interacted with the world of the court and of the city. The experience in rural space was important already for writers and artists in the premodern era, as the large variety of scholarly approaches indicates. The present volume signals how much the surprisingly close interaction between members of the aristocratic and of the peasant class determined many literary and art-historical works. In a surprisingly large number of cases we can even discover elements of utopia hidden in rural space. We also observe how much the rural world was a significant element already in early-medieval mentality. Moreover, as many authors point out, the impact of natural forces on premodern society was tremendous, if not catastrophic.
Publisher: Walter de Gruyter
ISBN: 3110285428
Category : Literary Criticism
Languages : en
Pages : 932
Book Description
Older research on the premodern world limited its focus on the Church, the court, and, more recently, on urban space. The present volume invites readers to consider the meaning of rural space, both in light of ecocritical readings and social-historical approaches. While previous scholars examined the figure of the peasant in the premodern world, the current volume combines a large number of specialized studies that investigate how the natural environment and the appearance of members of the rural population interacted with the world of the court and of the city. The experience in rural space was important already for writers and artists in the premodern era, as the large variety of scholarly approaches indicates. The present volume signals how much the surprisingly close interaction between members of the aristocratic and of the peasant class determined many literary and art-historical works. In a surprisingly large number of cases we can even discover elements of utopia hidden in rural space. We also observe how much the rural world was a significant element already in early-medieval mentality. Moreover, as many authors point out, the impact of natural forces on premodern society was tremendous, if not catastrophic.
From England to France
Author: William Chester Jordan
Publisher: Princeton University Press
ISBN: 1400866391
Category : History
Languages : en
Pages : 237
Book Description
At the height of the Middle Ages, a peculiar system of perpetual exile—or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out to felons for crimes deserving of severe corporal punishment or death. From England to France explores the lives of these men and women who were condemned to abjure the English realm, and draws on their unique experiences to shed light on a medieval legal tradition until now very poorly understood. William Chester Jordan weaves a breathtaking historical tapestry, examining the judicial and administrative processes that led to the abjuration of more than seventy-five thousand English subjects, and recounting the astonishing journeys of the exiles themselves. Some were innocents caught up in tragic circumstances, but many were hardened criminals. Almost every English exile departed from the port of Dover, many bound for the same French village, a place called Wissant. Jordan vividly describes what happened when the felons got there, and tells the stories of the few who managed to return to England, either illegally or through pardons. From England to France provides new insights into a fundamental pillar of medieval English law and shows how it collapsed amid the bloodshed of the Hundred Years' War.
Publisher: Princeton University Press
ISBN: 1400866391
Category : History
Languages : en
Pages : 237
Book Description
At the height of the Middle Ages, a peculiar system of perpetual exile—or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out to felons for crimes deserving of severe corporal punishment or death. From England to France explores the lives of these men and women who were condemned to abjure the English realm, and draws on their unique experiences to shed light on a medieval legal tradition until now very poorly understood. William Chester Jordan weaves a breathtaking historical tapestry, examining the judicial and administrative processes that led to the abjuration of more than seventy-five thousand English subjects, and recounting the astonishing journeys of the exiles themselves. Some were innocents caught up in tragic circumstances, but many were hardened criminals. Almost every English exile departed from the port of Dover, many bound for the same French village, a place called Wissant. Jordan vividly describes what happened when the felons got there, and tells the stories of the few who managed to return to England, either illegally or through pardons. From England to France provides new insights into a fundamental pillar of medieval English law and shows how it collapsed amid the bloodshed of the Hundred Years' War.