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Author : Elizabeth Papp Kamali
Publisher : Cambridge University Press
Page : 353 pages
File Size : 54,6 Mb
Release : 2019-08
Category : History
ISBN : 9781108498791
Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
Author : Elizabeth Papp Kamali
Publisher : Cambridge University Press
Page : 352 pages
File Size : 43,6 Mb
Release : 2020-07-09
Category : History
ISBN : 1108712746
This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.
Author : Alison A. Chapman
Publisher : University of Chicago Press
Page : 304 pages
File Size : 55,8 Mb
Release : 2017-02-15
Category : Literary Criticism
ISBN : 9780226435275
The seventeenth century saw some of the most important jurisprudential changes in England’s history, yet the period has been largely overlooked in the rich field of literature and law. Helping to fill this gap, The Legal Epic is the first book to situate the great poet and polemicist John Milton at the center of late seventeenth-century legal history. Alison A. Chapman argues that Milton’s Paradise Lost sits at the apex of the early modern period’s long fascination with law and judicial processes. Milton’s world saw law and religion as linked disciplines and thought therefore that in different ways, both law and religion should reflect the will of God. Throughout Paradise Lost, Milton invites his readers to judge actions using not only reason and conscience but also core principles of early modern jurisprudence. Law thus informs Milton’s attempt to “justify the ways of God to men” and points readers toward the types of legal justice that should prevail on earth. Adding to the growing interest in the cultural history of law, The Legal Epic shows that England’s preeminent epic poem is also a sustained reflection on the role law plays in human society.
Author : Jonathan Rose
Publisher : Cambridge University Press
Page : 0 pages
File Size : 40,6 Mb
Release : 2018-12-06
Category : History
ISBN : 1107619793
This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.
Author : John C. P. Goldberg,Henry E. Smith,P. G. Turner
Publisher : Cambridge University Press
Page : 483 pages
File Size : 47,9 Mb
Release : 2019-08
Category : Law
ISBN : 9781108421317
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author : Elwin Hofman
Publisher : Studies in Early Modern Europe
Page : 264 pages
File Size : 45,6 Mb
Release : 2021-04-13
Category : History
ISBN : 1526153149
Duellists, drunks and remorseful murderers populate Trials of the self, which highlights the criminal court as a space for publicising and negotiating models of the self. Using criminal trial records, the book argues that inner depth became increasingly important around 1800, not only for elites, but also for common people.
Author : Sarah Tarlow,Emma Battell Lowman
Publisher : Springer
Page : 273 pages
File Size : 50,6 Mb
Release : 2018-05-17
Category : History
ISBN : 9783319779089
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.
Author : Intisar A. Rabb
Publisher : Cambridge University Press
Page : 431 pages
File Size : 54,8 Mb
Release : 2015
Category : History
ISBN : 9781107080997
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Author : Sara Butler
Publisher : BRILL
Page : 301 pages
File Size : 51,6 Mb
Release : 2007-03-31
Category : History
ISBN : 9789047418955
Drawing on a wide range of legal and literary sources, this book offers a comprehensive investigation into the acceptability of violence in marriage at a time when social expectations of gender and marriage were in transition.
Author : Frederick Pollock,Frederic William Maitland
Publisher : Unknown
Page : 740 pages
File Size : 43,9 Mb
Release : 1898
Category : Law
ISBN : UOM:39015008855374
Author : William Blackstone
Publisher : Unknown
Page : 128 pages
File Size : 55,8 Mb
Release : 1854
Category : Law
ISBN : OCLC:183328938
Author : William Chester Jordan
Publisher : Princeton University Press
Page : 235 pages
File Size : 53,9 Mb
Release : 2017-06-06
Category : History
ISBN : 9780691176147
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.
Author : Luca Malatesti,John McMillan
Publisher : Oxford University Press
Page : 341 pages
File Size : 51,9 Mb
Release : 2010-08-19
Category : Law
ISBN : 9780199551637
The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.
Author : James Q. Whitman
Publisher : Yale University Press
Page : 286 pages
File Size : 44,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780300116007
To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
Author : Colin Dayan
Publisher : Princeton University Press
Page : 364 pages
File Size : 47,5 Mb
Release : 2013-03-03
Category : Law
ISBN : 9780691157870
A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.