Trial by Fire and Water: The Medieval Judicial Ordeal (Oxford University Press Academic Monograph Reprints)

Author: Robert Bartlett
Publisher: N.A
ISBN: 9781626549142
Category: History
Page: 182
View: 2218

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Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries. In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental. Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.

The Prince and the Law, 1200-1600

Sovereignty and Rights in the Western Legal Tradition
Author: Kenneth Pennington
Publisher: Univ of California Press
ISBN: 9780520913035
Category: History
Page: 352
View: 4547

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The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.

An Introduction to Crime and Crime Causation

Author: Robert C. Winters,Julie L. Globokar,Cliff Roberson
Publisher: CRC Press
ISBN: 1466597119
Category: Computers
Page: 323
View: 4705

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An Introduction to Crime and Crime Causation is a student-friendly textbook that defines and explains the concepts of crime, criminal law, and criminology. Ideal for a one-semester course, the book compares and contrasts early criminal behavior and today’s modern forms of crime. It also explores society’s responses to criminal behavior in the past and in the present day. It covers both major and lesser-known crime causation theories and their impact on society. Topics covered include: The importance of understanding crime data The goals of punishment The history of criminology, including the influence of social Darwinism on early trait theorists Crime causation theories, including a comparison of mainstream and critical theories The relationship between crime and biology, including the influence of genetics, substance use, and mental illness The social structural approach to crime, including a consideration of the changing contexts of urban criminality The nature and function of the justice system at the local, state, and federal levels, and basic categories of crimes Drug trafficking crimes, drug court efforts, and perceived weaknesses in current antidrug efforts Each chapter begins with a set of objectives and concludes with a summary. Interactive questions promote classroom discussion and practicum sections facilitate contextual learning. Drawn from different and distinct backgrounds, the authors each have unique perspectives on crime, making for a particularly well-rounded text that explores crime from several angles. The book attempts to educate readers in the development of new insights on crime and crime causation and provides a greater understanding of the steps that need to be taken before a significant reduction in crime can occur.

Law, Laity and Solidarities

Author: Susan Reynolds,Janet L. Nelson,Jane Martindale
Publisher: Manchester University Press
ISBN: 9780719058363
Category: History
Page: 274
View: 7326

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The primary focus of this collection by leading medieval historians is the laity, in particular the ideas and ideals of lay people. The contributors explore lay attitudes as expressed in legal cases, charters, chronicles and collective activities, and they question straightforward narratives of the Middle Ages, as a period of progress from irrational to rational, from primitive to complex and sophisticated or as a time of lay action and clerical thought. They highlight the centrality of kinship, whilst stressing its limitations as an all purpose social bond. The essays range chronologically and geographically from the seventh century to the eve of the Reformation, from Western Britain to papal and urban Italy, from Carolingian dynastic politics to the decline of medieval pilgrimage in the sixteenth century, and from the courts of twelfth-century France to the fifteenth-century wards of London.

Early Medieval Studies in Memory of Patrick Wormald

Author: Stephen David Baxter
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754663317
Category: History
Page: 582
View: 1611

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Above all these studies present fundamental reinterpretations, not only of published written sources and their underlying manuscript evidence, but also of the development of some of the dominant ideas of that era. In both their scope and the quality of the scholarship, the collection stands as a fitting tribute to the work and life of Patrick Wormald and his lasting contribution to early medieval studies."--BOOK JACKET.

Folk Law

Essays in the Theory and Practice of Lex Non Scripta
Author: Alison Dundes Renteln
Publisher: Univ of Wisconsin Press
ISBN: 9780299143442
Category: Social Science
Page: 1037
View: 2448

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In every culture there exists unwritten law--obligations and prohibitions that are understood and passed on, and transgressions that are punished. Folk Law, a comprehensive two-volume collection of essays, examines this meeting place of folklore and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law. The collection begins by defining various forms of "folk law," drawing on examples from many cultures. The second section provides historical profiles of pioneering figures in the study of folk law. Following sections examine field research techniques used to identify folk laws; aspects of folk law within the realm of rituals, songs, and other forms of expressive culture; instances where folk law comes into conflict with national law, and the role of folk law in the international arena. The volumes also include description and analysis of two approaches to folk law--the rule approach, in which scholars dissect the codes that underlie folk law, and the case approach, in which researchers examine specific cases involving folk law. Valuable for students and scholars of law, folklore, or anthropology, this extensive casebook marks a rare interdisciplinary approach to two important areas of research.

Evangelisches Kirchenlexikon

Author: Erwin Fahlbusch,Geoffrey William Bromiley,Jan Milic Lochman,John Mbiti,Jaroslav Pelikan,Lukas Vischer,David B. Barrett
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802824158
Category: Religion
Page: 884
View: 8170

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"The Encyclopedia of Christianity is the first of a five-volume English translation of the third revised edition of Evangelisches Kirchenlexikon. Its German articles have been tailored to suit an English readership, and articles of special interest to English readers have been added. The encyclopedia describes Christianity through its 2000-year history within a global context, taking into account other religions and philosophies. A special feature is the statistical information dispersed throughout the articles on the continents and over 170 countries. Social and cultural coverage is given to such issues as racism, genocide, and armaments, while historical content shows the development of biblical and apostolic traditions."--"Outstanding reference sources 2000", American Libraries, May 2000. Comp. by the Reference Sources Committee, RUSA, ALA.

Legal History in the Making

Proceedings of the Ninth British Legal History Conference
Author: William M. Gordon,T. D. Fergus
Publisher: A&C Black
ISBN: 9781852850548
Category: Law
Page: 216
View: 2335

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Sacred Pain

Hurting the Body for the Sake of the Soul
Author: Ariel Glucklich
Publisher: Oxford University Press
ISBN: 9780198030409
Category: Religion
Page: 288
View: 1081

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Why would anyone seek out the very experience the rest of us most wish to avoid? Why would religious worshipers flog or crucify themselves, sleep on spikes, hang suspended by their flesh, or walk for miles through scorching deserts with bare and bloodied feet? In this insightful new book, Ariel Glucklich argues that the experience of ritual pain, far from being a form of a madness or superstition, contains a hidden rationality and can bring about a profound transformation of the consciousness and identity of the spiritual seeker. Steering a course between purely cultural and purely biological explanations, Glucklich approaches sacred pain from the perspective of the practitioner to fully examine the psychological and spiritual effects of self-hurting. He discusses the scientific understanding of pain, drawing on research in fields such as neuropsychology and neurology. He also ranges over a broad spectrum of historical and cultural contexts, showing the many ways mystics, saints, pilgrims, mourners, shamans, Taoists, Muslims, Hindus, Native Americans, and indeed members of virtually every religion have used pain to achieve a greater identification with God. He examines how pain has served as a punishment for sin, a cure for disease, a weapon against the body and its desires, or a means by which the ego may be transcended and spiritual sickness healed. "When pain transgresses the limits," the Muslim mystic Mizra Asadullah Ghalib is quoted as saying, "it becomes medicine." Based on extensive research and written with both empathy and critical insight, Sacred Pain explores the uncharted inner terrain of self-hurting and reveals how meaningful suffering has been used to heal the human spirit.

Understanding Torture

Author: J. Jeremy Wisnewski
Publisher: Edinburgh University Press
ISBN: 074868672X
Category: Philosophy
Page: 288
View: 5542

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Understanding Torture surveys the massive literature surrounding torture, arguing that, once properly understood, there can be no defense of torture in any circumstances.

Exchanges in Exoticism

Cross-Cultural Marriage and the Making of the Mediterranean in Old French Romance
Author: Megan Moore
Publisher: University of Toronto Press
ISBN: 1442661372
Category: Literary Criticism
Page: 200
View: 461

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Charting important new territory within medieval gender studies, Megan Moore explores the vital role that women played in transmitting knowledge and empire within Mediterranean cross-cultural marriages. Whereas cross-cultural exchange has typically been understood through the lens of male-centered translation work, this study, which is grounded in the relations between the west and Byzantium, examines cross-cultural marriage as a medium of literary and cultural exchange, one in which women's work was equally important as men’s. Moore's readings of Old French and Medieval Greek texts reveal the extent to which women challenged the cultures into which they married and shaped their new courtly environments. Through the lens of medieval gender and postcolonial theory, Exchanges in Exoticism demonstrates how the process of cultural exchange – and empire building – extends well beyond our traditional assumptions about gender roles in the medieval Mediterranean.

Rechtsentwicklungen in Deutschland

Author: Adolf Laufs
Publisher: Walter de Gruyter
ISBN: 3110913216
Category: Law
Page: 572
View: 1203

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The book is not only oriented towards students whose interests are centred on history, but also law students in general. The 13 chapters as select examples examine the historical foundations of law and its relation to the present day. The work offers a fascinating approach in the way it combines constitutional, civil and criminal law and examines their interrelation in respect to the history of ideas. The time period extends from the Middle Ages to the contemporary age. The select main subjects are: The Sachsenspiegel and Medieval Legal Thought, Town Law, Reception of Roman Law, Imperial Law and Imperial Reform, Constitutional Law of the Holy Roman Empire, Natural Law and the Enlightenment, the German League and the Historical School of Law, St. Paul's Church and the Constitutional National State, the Weimar Republic and the National Socialist Perversion of the Legal System, Post-war Germany, European Inheritance and Integration. The thoroughly revised new edition offers an additional section on the consequences of European legal developments. The detailed and enlarged bibliographies before each chapter make the reading and work book a valuable aid for more advanced studies at the same time. It includes a place, person and subject index.

Confessions of Guilt

From Torture to Miranda and Beyond
Author: George C. Thomas III,Richard A. Leo
Publisher: Oxford University Press
ISBN: 0199939063
Category: Law
Page: 336
View: 7966

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How did the United States, a nation known for protecting the "right to remain silent" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another? In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence. Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals. From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.

Soul, Self, and Society

The New Morality and the Modern State
Author: Edward L. Rubin
Publisher: Oxford University Press
ISBN: 0199348677
Category: Political Science
Page: 336
View: 9265

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Political and social commentators regularly bemoan the decline of morality in the modern world. They claim that the norms and values that held society together in the past are rapidly eroding, to be replaced by permissiveness and empty hedonism. But as Edward Rubin demonstrates in this powerful account of moral transformations, these prophets of doom are missing the point. Morality is not diminishing; instead, a new morality, centered on an ethos of human self-fulfillment, is arising to replace the old one. As Rubin explains, changes in morality have gone hand in hand with changes in the prevailing mode of governance throughout the course of Western history. During the Early Middle Ages, a moral system based on honor gradually developed. In a dangerous world where state power was declining, people relied on bonds of personal loyalty that were secured by generosity to their followers and violence against their enemies. That moral order, exemplified in the early feudal system and in sagas like The Song of Roland, The Song of the Cid, and the Arthurian legends has faded, but its remnants exist today in criminal organizations like the Mafia and in the rap music of the urban ghettos. When state power began to revive in the High Middle Ages through the efforts of the European monarchies, and Christianity became more institutionally effective and more spiritually intense, a new morality emerged. Described by Rubin as the morality of higher purposes, it demanded that people devote their personal efforts to achieving salvation and their social efforts to serving the emerging nation-states. It insisted on social hierarchy, confined women to subordinate roles, restricted sex to procreation, centered child-rearing on moral inculcation, and countenanced slavery and the marriage of pre-teenage girls to older men. Our modern era, which began in the late 18th century, has seen the gradual erosion of this morality of higher purposes and the rise of a new morality of self-fulfillment, one that encourages individuals to pursue the most meaningful and rewarding life-path. Far from being permissive or a moral abdication, it demands that people respect each other's choices, that sex be mutually enjoyable, that public positions be allocated according to merit, and that society provide all its members with their minimum needs so that they have the opportunity to fulfill themselves. Where people once served the state, the state now functions to serve the people. The clash between this ascending morality and the declining morality of higher purposes is the primary driver of contemporary political and cultural conflict. A sweeping, big-idea book in the vein of Francis Fukuyama's The End of History, Charles Taylor's The Secular Age, and Richard Sennett's The Fall of Public Man, Edward Rubin's new volume promises to reshape our understanding of morality, its relationship to government, and its role in shaping the emerging world of High Modernity.

The Growth of Authority in the Medieval West

Selected Proceedings of the International Conference, Groningen 6-9 November 1997
Author: Martin Grosman,Arie Johan Vanderjagt,Jan R. Veenstra
Publisher: N.A
Category: Social Science
Page: 391
View: 801

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