Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Category : Criminal procedure
Languages : en
Pages : 336
Book Description
Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).
Prosecuting Crime in the Renaissance
Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Category : Criminal procedure
Languages : en
Pages : 336
Book Description
Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775777
Category : Criminal procedure
Languages : en
Pages : 336
Book Description
Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).
Pictures and Punishment
Author: Samuel Y. Edgerton
Publisher:
ISBN:
Category : Art
Languages : it
Pages : 256
Book Description
Publisher:
ISBN:
Category : Art
Languages : it
Pages : 256
Book Description
Sex Crimes
Author: William G. Naphy
Publisher:
ISBN:
Category : History
Languages : en
Pages : 208
Book Description
This work looks at the cyclical movement of Europe from implicit sexual tolerance to repression to sexual liberalisation and open toleration. Cultural historian William Naphy considers the whole gamut of sexual activity which could result in a criminal prosecution and, usually, execution. He considers those types of behaviour considered criminal but ?natural? (adultery, bigamy, fornication, rape, prostitution), ?unnatural? sex (masturbation, incest, child abuse, same-sex relations), and finally ?inhuman, unnatural? sex (bestiality, sex with Satan). Naphy emphasises the modernity of the past in its attitudes while highlighting those areas where socially constructed attitudes most differ from the present day.
Publisher:
ISBN:
Category : History
Languages : en
Pages : 208
Book Description
This work looks at the cyclical movement of Europe from implicit sexual tolerance to repression to sexual liberalisation and open toleration. Cultural historian William Naphy considers the whole gamut of sexual activity which could result in a criminal prosecution and, usually, execution. He considers those types of behaviour considered criminal but ?natural? (adultery, bigamy, fornication, rape, prostitution), ?unnatural? sex (masturbation, incest, child abuse, same-sex relations), and finally ?inhuman, unnatural? sex (bestiality, sex with Satan). Naphy emphasises the modernity of the past in its attitudes while highlighting those areas where socially constructed attitudes most differ from the present day.
Murder in Renaissance Italy
Author: Trevor Dean
Publisher: Cambridge University Press
ISBN: 1107136644
Category : Art
Languages : en
Pages : 326
Book Description
This invaluable collection explores the many faces of murder, and its cultural presences, across the Italian peninsula between 1350 and 1650. These shape the content in different ways: the faces of homicide range from the ordinary to the sensational, from the professional to the accidental, from the domestic to the public; while the cultural presence of homicide is revealed through new studies of sculpture, paintings, and popular literature. Dealing with a range of murders, and informed by the latest criminological research on homicide, it brings together new research by an international team of specialists on a broad range of themes: different kinds of killers (by gender, occupation, and situation); different kinds of victim (by ethnicity, gender, and status); and different kinds of evidence (legal, judicial, literary, and pictorial). It will be an indispensable resource for students of Renaissance Italy, late medieval/early modern crime and violence, and homicide studies.
Publisher: Cambridge University Press
ISBN: 1107136644
Category : Art
Languages : en
Pages : 326
Book Description
This invaluable collection explores the many faces of murder, and its cultural presences, across the Italian peninsula between 1350 and 1650. These shape the content in different ways: the faces of homicide range from the ordinary to the sensational, from the professional to the accidental, from the domestic to the public; while the cultural presence of homicide is revealed through new studies of sculpture, paintings, and popular literature. Dealing with a range of murders, and informed by the latest criminological research on homicide, it brings together new research by an international team of specialists on a broad range of themes: different kinds of killers (by gender, occupation, and situation); different kinds of victim (by ethnicity, gender, and status); and different kinds of evidence (legal, judicial, literary, and pictorial). It will be an indispensable resource for students of Renaissance Italy, late medieval/early modern crime and violence, and homicide studies.
Everyday Crime, Criminal Justice and Gender in Early Modern Bologna
Author: Sanne Muurling
Publisher: BRILL
ISBN: 9004440593
Category : History
Languages : en
Pages : 264
Book Description
Female protagonists are commonly overlooked in the history of crime; especially in early modern Italy, where women’s scope of action is often portrayed as heavily restricted. This book redresses the notion of Italian women’s passivity, arguing that women’s crimes were far too common to be viewed as an anomaly. Based on over two thousand criminal complaints and investigation dossiers, Sanne Muurling charts the multifaceted impact of gender on patterns of recorded crime in early modern Bologna. While various socioeconomic and legal mechanisms withdrew women from the criminal justice process, the casebooks also reveal that women – as criminal offenders and savvy litigants – had an active hand in keeping the wheels of the court spinning.
Publisher: BRILL
ISBN: 9004440593
Category : History
Languages : en
Pages : 264
Book Description
Female protagonists are commonly overlooked in the history of crime; especially in early modern Italy, where women’s scope of action is often portrayed as heavily restricted. This book redresses the notion of Italian women’s passivity, arguing that women’s crimes were far too common to be viewed as an anomaly. Based on over two thousand criminal complaints and investigation dossiers, Sanne Muurling charts the multifaceted impact of gender on patterns of recorded crime in early modern Bologna. While various socioeconomic and legal mechanisms withdrew women from the criminal justice process, the casebooks also reveal that women – as criminal offenders and savvy litigants – had an active hand in keeping the wheels of the court spinning.
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.
A Convert’s Tale
Author: Tamar Herzig
Publisher: Harvard University Press
ISBN: 0674237536
Category : History
Languages : en
Pages : 401
Book Description
An intimate portrait, based on newly discovered archival sources, of one of the most famous Jewish artists of the Italian Renaissance who, charged with a scandalous crime, renounced his faith and converted to Catholicism. In 1491 the renowned goldsmith Salomone da Sesso converted to Catholicism. Born in the mid-fifteenth century to a Jewish family in Florence, Salomone later settled in Ferrara, where he was regarded as a virtuoso artist whose exquisite jewelry and lavishly engraved swords were prized by Italy’s ruling elite. But rumors circulated about Salomone’s behavior, scandalizing the Jewish community, who turned him over to the civil authorities. Charged with sodomy, Salomone was sentenced to die but agreed to renounce Judaism to save his life. He was baptized, taking the name Ercole “de’ Fedeli” (“One of the Faithful”). With the help of powerful patrons like Duchess Eleonora of Aragon and Duke Ercole d’Este, his namesake, Ercole lived as a practicing Catholic for three more decades. Drawing on newly discovered archival sources, Tamar Herzig traces the dramatic story of his life, half a century before ecclesiastical authorities made Jewish conversion a priority of the Catholic Church. A Convert’s Tale explores the Jewish world in which Salomone was born and raised; the glittering objects he crafted, and their status as courtly hallmarks; and Ercole’s relations with his wealthy patrons. Herzig also examines homosexuality in Renaissance Italy, the response of Jewish communities and Christian authorities to allegations of sexual crimes, and attitudes toward homosexual acts among Christians and Jews. In Salomone/Ercole’s story we see how precarious life was for converts from Judaism, and how contested was the meaning of conversion for both the apostates’ former coreligionists and those tasked with welcoming them to their new faith.
Publisher: Harvard University Press
ISBN: 0674237536
Category : History
Languages : en
Pages : 401
Book Description
An intimate portrait, based on newly discovered archival sources, of one of the most famous Jewish artists of the Italian Renaissance who, charged with a scandalous crime, renounced his faith and converted to Catholicism. In 1491 the renowned goldsmith Salomone da Sesso converted to Catholicism. Born in the mid-fifteenth century to a Jewish family in Florence, Salomone later settled in Ferrara, where he was regarded as a virtuoso artist whose exquisite jewelry and lavishly engraved swords were prized by Italy’s ruling elite. But rumors circulated about Salomone’s behavior, scandalizing the Jewish community, who turned him over to the civil authorities. Charged with sodomy, Salomone was sentenced to die but agreed to renounce Judaism to save his life. He was baptized, taking the name Ercole “de’ Fedeli” (“One of the Faithful”). With the help of powerful patrons like Duchess Eleonora of Aragon and Duke Ercole d’Este, his namesake, Ercole lived as a practicing Catholic for three more decades. Drawing on newly discovered archival sources, Tamar Herzig traces the dramatic story of his life, half a century before ecclesiastical authorities made Jewish conversion a priority of the Catholic Church. A Convert’s Tale explores the Jewish world in which Salomone was born and raised; the glittering objects he crafted, and their status as courtly hallmarks; and Ercole’s relations with his wealthy patrons. Herzig also examines homosexuality in Renaissance Italy, the response of Jewish communities and Christian authorities to allegations of sexual crimes, and attitudes toward homosexual acts among Christians and Jews. In Salomone/Ercole’s story we see how precarious life was for converts from Judaism, and how contested was the meaning of conversion for both the apostates’ former coreligionists and those tasked with welcoming them to their new faith.
Violence in Early Renaissance Venice
Author: Guido Ruggiero
Publisher:
ISBN:
Category : History
Languages : en
Pages : 264
Book Description
Publisher:
ISBN:
Category : History
Languages : en
Pages : 264
Book Description
Crime and Punishment in Early Modern Germany
Author: Maria R. Boes
Publisher: Routledge
ISBN: 1317157982
Category : History
Languages : en
Pages : 421
Book Description
Frankfurt am Main, in common with other imperial German cities, enjoyed a large degree of legal autonomy during the early modern period, and produced a unique and rich body of criminal archives. In particular, Frankfurt’s Strafenbuch, which records all criminal sentences between 1562 and 1696, provides a fascinating insight into contemporary penal trends. Drawing on this and other rich resources, Dr. Boes reveals shifting and fluid attitudes towards crime and punishment and how these were conditioned by issues of gender, class, and social standing within the city’s establishment. She attributes a significant role in this process to the steady proliferation of municipal advocates, jurists trained in Roman Law, who wielded growing legal and penal prerogatives. Over the course of the book, it is demonstrated how the courts took an increasingly hard line with select groups of people accused of criminal behavior, and the open manner with which advocates exercised cultural, religious, racial, gender, and sexual-orientation repressions. Parallel with this, however, is identified a trend of marked leniency towards soldiers who enjoyed an increasingly privileged place within the judicial system. In light of this discrepancy between the treatment of civilians and soldiers, the advocates’ actions highlight the emergence and spread of a distinct military judicial culture and Frankfurt’s city council’s contribution to the quasi-militarization of a civilian court. By highlighting the polarized and changing ways the courts dealt with civilian and military criminals, a fuller picture is presented not just of Frankfurt’s sentencing and penal practices, but of broader attitudes within early modern Germany to issues of social position and cultural identity.
Publisher: Routledge
ISBN: 1317157982
Category : History
Languages : en
Pages : 421
Book Description
Frankfurt am Main, in common with other imperial German cities, enjoyed a large degree of legal autonomy during the early modern period, and produced a unique and rich body of criminal archives. In particular, Frankfurt’s Strafenbuch, which records all criminal sentences between 1562 and 1696, provides a fascinating insight into contemporary penal trends. Drawing on this and other rich resources, Dr. Boes reveals shifting and fluid attitudes towards crime and punishment and how these were conditioned by issues of gender, class, and social standing within the city’s establishment. She attributes a significant role in this process to the steady proliferation of municipal advocates, jurists trained in Roman Law, who wielded growing legal and penal prerogatives. Over the course of the book, it is demonstrated how the courts took an increasingly hard line with select groups of people accused of criminal behavior, and the open manner with which advocates exercised cultural, religious, racial, gender, and sexual-orientation repressions. Parallel with this, however, is identified a trend of marked leniency towards soldiers who enjoyed an increasingly privileged place within the judicial system. In light of this discrepancy between the treatment of civilians and soldiers, the advocates’ actions highlight the emergence and spread of a distinct military judicial culture and Frankfurt’s city council’s contribution to the quasi-militarization of a civilian court. By highlighting the polarized and changing ways the courts dealt with civilian and military criminals, a fuller picture is presented not just of Frankfurt’s sentencing and penal practices, but of broader attitudes within early modern Germany to issues of social position and cultural identity.
Too Big to Jail
Author: Brandon Garrett
Publisher: Harvard University Press
ISBN: 0674368312
Category : Business & Economics
Languages : en
Pages : 380
Book Description
American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.
Publisher: Harvard University Press
ISBN: 0674368312
Category : Business & Economics
Languages : en
Pages : 380
Book Description
American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.