Sanctuary and Crime in the Middle Ages, 400-1500

Sanctuary and Crime in the Middle Ages, 400-1500
Author: Karl Shoemaker
Publisher:
Total Pages: 292
Release: 2022
Genre:
ISBN: 9780823292523

Sanctuary and Crime rethinks the history of sanctuary protections in the Western legal tradition. Until the sixteenth century, every major medieval legal tradition afforded protections to fugitive criminals who took sanctuary in churches. Sanctuary-seeking criminals might have been required to perform penance or go into exile, but they were guaranteed, at least in principle, immunity from corporal and capital punishment. In the sixteenth century, sanctuary protections were abolished throughout Europe, uprooting an ancient tradition and raising a new set of juridical arguments about law, crime and the power to punish. Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control, but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. This book seeks to integrate the history of sanctuary law with the history of criminal law in medieval Europe. It does so by first situating sanctuary law within the early Christian traditions of intercession and penance as well as late-imperial Roman law. The book then traces the transmission of Romano-Christian sanctuary legislation into the feuding traditions of early medieval Europe, showing how sanctuary law was an important emblem of Christian kingship and was integrated into a broad range of social, legal, ecclesiastical and political practices. By the late twelfth-century, sanctuary had been domesticated within the procedures of royal law in England. Unmoored from its taproots in penitential and intercessory practices, sanctuary became a central feature of the emergent law of felony in the early English common law. While sanctuary was widely recognized throughout late medieval Europe, medieval English records provide rich accounts of sanctuary in everyday medieval life and the book reflects the prominence of the English sources. The book concludes by examining the legal arguments in both English and Roman-canonical legal traditions that led to the restriction and abolition of sanctuary privileges in the sixteenth-century and which ushered in a new age of criminal law grounded in deterrence and a state-centered view of punishment and social control.

Sanctuary and Crime in the Middle Ages, 400-1500

Sanctuary and Crime in the Middle Ages, 400-1500
Author: Karl Shoemaker
Publisher: Fordham Univ Press
Total Pages: 285
Release: 2011
Genre: History
ISBN: 0823232689

Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime in the Middle Ages, 400-1500 argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. --

History, Fiction, and The Tudors

History, Fiction, and The Tudors
Author: William B. Robison
Publisher: Springer
Total Pages: 388
Release: 2017-02-11
Genre: History
ISBN: 1137438835

This is the first book-length study of the award-winning historical drama The Tudors. In this volume twenty distinguished scholars separate documented history, plausible invention, and outright fantasy in a lively series of scholarly, but accessible and engaging essays. The contributors explore topics including Henry VIII, Catherine of Aragon, Anne Boleyn, his other wives and family, gender and sex, kingship, the court, religion, and entertainments.

Heritage and War

Heritage and War
Author: William Bülow
Publisher: Oxford University Press
Total Pages: 225
Release: 2023-02-07
Genre: Philosophy
ISBN: 0192677071

The world responded with horror to ISIS's campaign of destruction of cultural heritage across the Middle East, including with calls for an international response to prevent such damage. At the same time, newspapers and screens were filled with images of human destruction, devastated cities, and thousands of refugees fleeing the conflict. This juxtaposition caused a backlash against those voicing their concerns about the destruction of ancient ruins, popularly framed as dispute about 'stone versus lives'. In the face of so much human suffering, it can seem inappropriate to worry about anything but the urgent, basic needs of people. Heritage and War addresses this issue within the context of a wider debate, amidst a range of moral questions. Eleven original essays investigate a variety of philosophical and moral questions arising from the phenomenon of heritage destruction in war, such how we ought to respond to heritage that is damaged in war, the nature of the harm caused by such damage, and the morally appropriate treatment of sites of war and conflict that have themselves become heritage sites. Such issues are philosophically rich, and yet they have been largely neglected by academic philosophers. This book makes a substantial contribution to developing this new philosophical territory and identifying the role that philosophers have to play in developing our understanding of and responses to these important issues.

Shakespeare's Once and Future Child

Shakespeare's Once and Future Child
Author: Joseph Campana
Publisher: University of Chicago Press
Total Pages: 267
Release: 2024
Genre: Drama
ISBN: 0226832546

A study of Shakespeare's child figures in relation to their own political moment, as well as our own. Politicians are fond of saying that "children are the future." How did the child become a figure for our political hopes? Joseph Campana's book locates the source of this idea in transformations of childhood and political sovereignty during the age of Shakespeare, changes spectacularly dramatized by the playwright himself. Shakespeare's works feature far more child figures--and more politically entangled children--than other literary or theatrical works of the era. Campana delves into this rich corpus to show how children and childhood expose assumptions about the shape of an ideal polity, the nature of citizenship, the growing importance of population and demographics, and the question of what is or is not human. As our ability to imagine viable futures on our planet feels ever more limited, and as children take up legal proceedings to sue on behalf of the future, it behooves us to understand the way past child figures haunt our conversations about intergenerational justice. Shakespeare offers critical precedents for questions we still struggle to answer.

The History of Courts and Procedure in Medieval Canon Law

The History of Courts and Procedure in Medieval Canon Law
Author: Wilfried Hartmann
Publisher: CUA Press
Total Pages: 521
Release: 2016-09-09
Genre: History
ISBN: 0813229049

By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

Medieval Irish Architecture and the Concept of Romanesque

Medieval Irish Architecture and the Concept of Romanesque
Author: Tadhg O’Keeffe
Publisher: Taylor & Francis
Total Pages: 279
Release: 2024-02-28
Genre: Architecture
ISBN: 1003850677

This book presents a fresh perspective on eleventh- and twelfth-century Irish architecture, and a critical assessment of the value of describing it, and indeed contemporary European architecture in general, as “Romanesque”. Medieval Irish Architecture and the Concept of Romanesque is a new and original study of medieval architectural culture in Ireland. The book’s central premise is that the concept of a “Romanesque” style in eleventh- and twelfth-century architecture across Western Europe, including Ireland, is problematic, and that the analysis of building traditions of that period is not well served by the assumption that there was a common style. Detailed discussion of important buildings in Ireland, a place marginalised within the “Romanesque” model, reveals the Irish evidence to be intrinsically interesting to students of medieval European architecture, for it is evidence which illuminates how architectural traditions of the Middle Ages were shaped by balancing native and imported needs and aesthetics, often without reference to Romanitas. This book is for specialists and students in the fields of Romanesque, medieval archaeology, medieval architectural history, and medieval Irish studies.

A Just Peace Ethic Primer

A Just Peace Ethic Primer
Author: Eli S. McCarthy
Publisher: Georgetown University Press
Total Pages: 286
Release: 2020-05-01
Genre: Religion
ISBN: 1626167567

The just peace movement offers a critical shift in focus and imagination. Recognizing that all life is sacred and seeking peace through violence is unsustainable, the just peace approach turns our attention to rehumanization, participatory processes, nonviolent resistance, restorative justice, reconciliation, racial justice, and creative strategies of active nonviolence to build sustainable peace, transform conflict, and end cycles of violence. A Just Peace Ethic Primer illuminates a moral framework behind this praxis and proves its versatility in global contexts. With essays by a diverse group of scholars, A Just Peace Ethic Primer outlines the ethical, theological, and activist underpinnings of a just peace ethic.These essays also demonstrate and revise the norms of a just peace ethic through conflict cases involving US immigration, racial and environmental justice, and the death penalty, as well as gang violence in El Salvador, civil war in South Sudan, ISIS in Iraq, gender-based violence in the Democratic Republic of Congo, women-led activism in the Philippines, and ethnic violence in Kenya. A Just Peace Ethic Primer exemplifies the ecumenical, interfaith, and multicultural aspects of a nonviolent approach to preventing and transforming violent conflict. Scholars, advocates, and activists working in politics, history, international law, philosophy, theology, and conflict resolution will find this resource vital for providing a fruitful framework and implementing a creative vision of sustainable peace.

Jacks, Knaves and Vagabonds

Jacks, Knaves and Vagabonds
Author: Gregory J Durston
Publisher: Waterside Press
Total Pages: 739
Release: 2020-09-02
Genre: Law
ISBN: 1909976768

In this welcome addition to his Crime History Series, Gregory Durston points to the lack of design and short-term expediency that typified Tudor law and order. But he also detects an emergent criminal justice system amidst royal patronage, protection, and the influence of wealthy magnates. Students of English history will have heard how benefit of clergy and the ‘neck verse’ might avoid a hanging, but what of other stratagems such as down-valuing stolen goods, cruentation, chance medley, pious perjury or John at Death (a non-existent culprit blamed by the accused and treated by juries as real); all devices used to mitigate the all-pervading death-for-felony rule. Together with other artifices deployed by courts to circumvent black-letter law the author also describes how poor, marginalised and illiterate citizens were those most likely to suffer unfairness, injustice and draconian punishment. He also describes the political intrigue and widescale corruption that were symptomatic of the era, alongside such diverse aspects as forfeiture of property, evidential ploys, the rise of the highwayman, religious persecution, witchcraft and infanticide crazes. At a time of shifting allegiances?—?and as Crown, church, judges, magistrates and officials wrestled over jurisdiction, central or local control, ‘ungodly customs’, laws of convenience or malleable definitions?—?never perhaps were facts or law so expertly engineered to justify or defend often curious outcomes. Part of Durston’s Crime History Series. Covers the entire Tudor era. Based on first-hand historical research. Fully referenced to hundreds of sources.