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Author : Sara M. Butler
Publisher : Cambridge University Press
Page : 489 pages
File Size : 54,9 Mb
Release : 2021-11-18
Category : History
ISBN : 9781316512388
An examination of peine fort et dure, the coercive medieval punishment for defendants refusing to plead to criminal indictments.
Author : Rob Boddice
Publisher : John Wiley & Sons
Page : 196 pages
File Size : 43,5 Mb
Release : 2023-05-09
Category : Education
ISBN : 9781509550555
Pain, while known to almost everyone, is not universal. The evidence of our own pain, and our own experience, does not provide us with automatic insight into the pains of others, past or present. No matter how self-evident and ubiquitous the sting of a paper cut or the desolation of heartbreak might seem, pain is situated and historically specific. In a work that is sometimes personal, always political, Rob Boddice reveals a history of pain that juggles many disciplinary approaches and disparate languages to tackle the thorniest challenges in pain research. He explores the shifting meaning-making processes that produce painful experiences, expanding the world of pain to take seriously the relationship between pain’s physicality and social and emotional suffering. Ranging from antiquity to the present and taking in pain knowledge and pain experiences from around the world, his tale encompasses not only injury, but also grief, exclusion, chronic pain, and trauma, and reveals how knowledge claims about pain occupy what pain is like. Innovative and compassionate in equal measure, Knowing Pain puts forward an original pain agenda that is essential reading for those interested in the history of emotions, senses, and experience, for medical researchers and practitioners, and for anyone who has known pain.
Author : Elise Wang
Publisher : Oxford University Press
Page : 193 pages
File Size : 51,6 Mb
Release : 2024-04-23
Category : Literary Criticism
ISBN : 9780192698247
The Making of Felony Procedure in Middle English Literature explores the literary inheritance of criminal procedure in thirteenth to fifteenth century English law, focusing on felony, the gravest common law offense. Most scholarship in medieval law and literature has focused on statute and theory, drawing from the instantiating texts of English law: acts of Parliament, judicial treatises, the Magna Carta. But those whose job it was to write about the law rarely wrote about felony. Its definition was left to its practice--from investigation to conviction--and that procedure fell to local communities who were generally untrained in the law. Left with many practical and ethical questions and few legal answers, they turned to cultural ones, archived in sermons they had heard, plays they had seen, and poetry they knew. This book reads the documents of criminal procedure--coroners' reports, plea rolls, and gaol delivery records--alongside literary scenes of investigation, interrogation, and witnessing to tell a new intellectual history of criminal procedure's beginnings. The chapters of The Making of Felony Procedure guide the reader through the steps of a felony prosecution, from act to conviction, examining the questions local communities faced at each step. What evidence should be prioritized in a death investigation? Should the accused consider narrative satisfaction when building his plea? What are the dangers of a witnessing system that depends so heavily on a few "oathworthy" men? What can a jury do if the accused's guilt seems partial or complex? And what if the defendant-for whatever reason--refuses to participate in this new, still--delicate system of justice? The book argues that answers they found, and the sources that informed them, created the system that became modern criminal procedure. The epilogue offers some thoughts about the resilience and incoherence of the concept of felony, from the start of the jury trial to the present day.
Author : Simon Devereaux
Publisher : Cambridge University Press
Page : 411 pages
File Size : 44,5 Mb
Release : 2023-10-26
Category : History
ISBN : 9781009392143
This book charts the history of execution laws and practices in the era of the 'Bloody Code' and their extraordinary transformation by 1900. Innovative and comprehensive, this work will find an audience with scholars interested in the history of crime and punishment in England.
Author : E. Claire Cage
Publisher : Cambridge University Press
Page : 277 pages
File Size : 47,9 Mb
Release : 2022-09-01
Category : Law
ISBN : 9781009198387
The Science of Proof traces the rise of forensic medicine in late eighteenth- and nineteenth-century France and examines its implications for our understanding of expert authority. Tying real life cases to broader debates, the book analyzes how new forms of medical and scientific knowledge, many of which were pioneered in France, were contested, but ultimately accepted, and applied to legal problems and the administration of justice. The growing authority of medical experts in the French legal arena was nonetheless subject to sharp criticism and scepticism. The professional development of medicolegal expertise and its influence in criminal courts sparked debates about the extent to which it could reveal truth, furnish legal proof, and serve justice. Drawing on a wide base of archival and printed sources, Claire Cage reveals tensions between uncertainty about the reliability of forensic evidence and a new confidence in the power of scientific inquiry to establish guilt, innocence, and legal responsibility.
Author : Kilian Schindler
Publisher : Cambridge University Press
Page : 287 pages
File Size : 41,5 Mb
Release : 2023-07-31
Category : Literary Criticism
ISBN : 9781009226318
Kilian Schindler reveals how religious persecution in early modern England was a shaping force for drama and conceptions of theatricality.
Author : Margaret McGlynn
Publisher : Oxford University Press
Page : 401 pages
File Size : 55,5 Mb
Release : 2023-03-03
Category : Law
ISBN : 9780192887702
The King's Felons examines the subtle but intentional development of criminal confinement as an alternative to capital punishment in early Tudor England. As the judicial establishment looked for ways to enhance law and order without provoking political opposition, they increasingly turned to two traditional mitigations of criminal punishment: benefit of clergy and sanctuary. Often reviled as corrupt clerical rights which served to undermine secular authority and the rule of law, benefit of clergy and sanctuary in fact provided the justices with room to manoeuvre, allowing them to punish a larger number of felons less harshly while avoiding political scrutiny. The King's Felons explores the evolution of this approach over a period of sixty years, allowing us to see not only the internal development of both law and process, but the ways in which the judicial system responded to external pressures. The dissolution of the monasteries between 1536 and 1540, together with the steady erosion of the wealth and power of the bishops, meant that the institutional and financial foundations on which the justices built this system began to crumble as it was reaching fruition. Over the next two decades they scrambled, with limited success, to secure some small vestiges of the system they had built. The epilogue connects the state of the system in the aftermath of this collapse to our existing understanding of the system in the later part of the century. Providing the first detailed study of criminal justice in the early Tudor period, The King's Felons highlights the role of the Church in the administration of criminal justice and reframes our understanding of many significant acts of the Reformation parliament. This book is a must-read for students and scholars of Tudor history, legal historians and those interested in the role of the church with regard to politics, law, and crime.
Author : Giuliana Perrone
Publisher : Cambridge University Press
Page : 333 pages
File Size : 54,6 Mb
Release : 2023-05-11
Category : History
ISBN : 9781009219204
Nothing More than Freedom explores the long and complex legal history of Black freedom in the United States. From the ratification of the Thirteenth Amendment in 1865 until the end of Reconstruction in 1877, supreme courts in former slave states decided approximately 700 lawsuits associated with the struggle for Black freedom and equal citizenship. This litigation – the majority through private law – triggered questions about American liberty and reassessed the nation's legal and political order following the Civil War. Judicial decisions set the terms of debates about racial identity, civil rights, and national belonging, and established that slavery, as a legal institution and social practice, remained actionable in American law well after its ostensible demise. The verdicts determined how unresolved facets of slavery would undercut ongoing efforts for abolition and the realization of equality. Insightful and compelling, this work makes an important intervention in the history of post-Civil War law.
Author : Ada Maria Kuskowski
Publisher : Cambridge University Press
Page : 431 pages
File Size : 45,8 Mb
Release : 2022-11-30
Category : History
ISBN : 9781009217897
A new understanding of the transformative effect of vernacular writing on customary law in medieval France.
Author : Christian G. Fritz
Publisher : Cambridge University Press
Page : 425 pages
File Size : 44,8 Mb
Release : 2023-01-26
Category : History
ISBN : 9781009325592
Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.
Author : Edgardo Pérez Morales
Publisher : Cambridge University Press
Page : 259 pages
File Size : 54,8 Mb
Release : 2022-02-03
Category : History
ISBN : 9781108831529
A study of the legal origins of antislavery, and how Colombian slaves transformed ideas on slavery, freedom and political belonging.
Author : Kristin A. Olbertson
Publisher : Cambridge University Press
Page : 339 pages
File Size : 45,5 Mb
Release : 2022-03-10
Category : History
ISBN : 9781009098908
A fascinating study of how elite white men in eighteenth-century Massachusetts incorporated the ethos of politeness into the law of criminal speech.
Author : Max Cavitch,Brian Connolly
Publisher : Duke University Press
Page : 198 pages
File Size : 45,8 Mb
Release : 2024-03-08
Category : History
ISBN : 9781478059301
The contributors to Situation Critical argue for the continued importance of critique to early American studies, pushing back against both reductivist neo-empiricism and so-called postcritique. Bringing together essays by a diverse group of historians and literary scholars, editors Max Cavitch and Brian Connolly demonstrate that critique is about acknowledging that we are never simply writing better or worse accounts of the past, but accounts of the present as well. The contributors examine topics ranging from the indeterminacy of knowledge and history to Black speculative writing and nineteenth-century epistemology, the role of the unconscious in settler colonialism, and early American writing about masturbation, repression, religion, and secularism and their respective influence on morality. The contributors also offer vital new interpretations of major lines of thought in the history of critique—especially those relating to Freud and Foucault—that will be valuable both for scholars of early American studies and for scholars of the humanities and interpretive social sciences more broadly. Contributors. Max Cavitch, Brian Connolly, Matthew Crow, John J. Garcia, Christopher Looby, Michael Meranze, Mark J. Miller, Justine S. Murison, Britt Rusert, Ana Schwartz, Joan W. Scott, Jordan Alexander Stein
Author : Eliezer Schweid
Publisher : BRILL
Page : 524 pages
File Size : 48,9 Mb
Release : 2019-02-19
Category : Philosophy
ISBN : 9789004380608
Volume Three, The Crisis of Humanism, commences with an important essay on the challenge to the humanist tradition posed in the late 19th century by historical materialism, existentialism and positivism. These Jewish thinkers of the late 19th and early 20th century addressed the general European value crisis while laying foundations for Jewish renewal: Hess, Lazarus, Cohen, Ahad Ha-Am, Dubnow, Berdiczewski, and the theorists of Yiddishism and Labor Zionism.
Author : Anonim
Publisher : Unknown
Page : 288 pages
File Size : 46,9 Mb
Release : 1826
Category : Anti-Catholicism
ISBN : BL:A0021801797
