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. --

Negotiating Transcultural Relations in the Early Modern Mediterranean

Negotiating Transcultural Relations in the Early Modern Mediterranean
Author: Stephen Ortega
Publisher: Routledge
Total Pages: 227
Release: 2016-04-22
Genre: History
ISBN: 1317089197

Negotiating Transcultural Relations in the Early Modern Mediterranean is a study of transcultural relations between Ottoman Muslims, Christian subjects of the Venetian Republic, and other social groups in the sixteenth and seventeenth centuries. Focusing principally on Ottoman Muslims who came to Venice and its outlying territories, and using sources in Italian, Turkish and Spanish, this study examines the different types of power relations and the social geographies that framed the encounters of Muslim travelers. While Stephen Ortega does not dismiss the idea that Venetians and Ottoman Muslims represented two distinct communities, he does argue that Christian and Muslim exchange in the pre-modern period involved integrated cultural, economic, political and social practices. Ortega's investigation brings to light how merchants, trade brokers, diplomats, informants, converts, wayward souls and government officials from different communities engaged in similar practices and used comparable negotiation tactics in matters ranging from trade disputes, to the rights of male family members, to guarantees of protection. In relying on sources from archives in Venice, Istanbul and Simancas, the book demonstrates the importance of viewing Mediterranean history from a variety of perspectives, and it emphasizes the importance of understanding cross-cultural history as a negotiation between different social, cultural and institutional actors.

Law and Asylum

Law and Asylum
Author: Simon Behrman
Publisher: Routledge
Total Pages: 476
Release: 2018-06-18
Genre: History
ISBN: 135139746X

In contrast to the claim that refugee law has been a key in guaranteeing a space of protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one’s persecutors but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, namely its concern with defining space rather than people and its role as a space of resistance or otherness to sovereign law, this book demonstrates that asylum has historically been antagonistic to law and vice versa. In contrast, twentieth-century refugee law was constructed precisely to ensure the effective management and control over the movements of forced migrants. To illustrate the complex ways in which these two paradigms – asylum and refugee law – interact with one another, this book examines their historical development and concludes with in-depth studies of the Sanctuary Movement in the United States and the Sans-Papiers of France. The book will appeal to researchers and students of refugee law and refugee studies; legal and political philosophy; ancient, medieval and modern legal history; and sociology of political movements.

Felony and the Guilty Mind in Medieval England

Felony and the Guilty Mind in Medieval England
Author: Elizabeth Papp Kamali
Publisher: Cambridge University Press
Total Pages: 353
Release: 2019-08
Genre: History
ISBN: 1108498795

Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.

Bishops and the Politics of Patronage in Merovingian Gaul

Bishops and the Politics of Patronage in Merovingian Gaul
Author: Gregory I. Halfond
Publisher: Cornell University Press
Total Pages: 145
Release: 2019-09-15
Genre: History
ISBN: 1501739352

Following the dissolution of the Western Roman Empire, local Christian leaders were confronted with the problem of how to conceptualize and administer their regional churches. As Gregory Halfond shows, the bishops of post-Roman Gaul oversaw a transformation in the relationship between church and state. He shows that by constituting themselves as a corporate body, the Gallic episcopate was able to wield significant political influence on local, regional, and kingdom-wide scales. Gallo-Frankish bishops were conscious of their corporate membership in an exclusive order, the rights and responsibilities of which were consistently being redefined and subsequently expressed through liturgy, dress, physical space, preaching, and association with cults of sanctity. But as Halfond demonstrates, individual bishops, motivated by the promise of royal patronage to provide various forms of service to the court, often struggled, sometimes unsuccessfully, to balance their competing loyalties. However, even the resulting conflicts between individual bishops did not, he shows, fundamentally undermine the Gallo-Frankish episcopate's corporate identity or integrity. Ultimately, Halfond provides a far more subtle and sophisticated understanding of church-state relations across the early medieval period.

On Mediation

On Mediation
Author: Karl Härter
Publisher: Berghahn Books
Total Pages: 238
Release: 2020-09-09
Genre: Business & Economics
ISBN: 178920870X

Exploring mediation and related practices of conflict regulation, this book takes an interdisciplinary approach that includes historical, legal, anthropological and international perspectives. Divided into three sections, the volume observes historical and current relations between mediation and the criminal justice system and provides anthropological perspectives and case studies to explore mediation and arbitration in international arenas. In this regard, the book provides an innovative perspective on mediation and new insights into conflict regulation.

The Oxford Handbook of Legal History

The Oxford Handbook of Legal History
Author: Markus D. Dubber
Publisher: Oxford University Press
Total Pages: 1201
Release: 2018-08-02
Genre: Law
ISBN: 0192513133

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

The Criminalization of Abortion in the West

The Criminalization of Abortion in the West
Author: Wolfgang P. Müller
Publisher: Cornell University Press
Total Pages: 279
Release: 2012-05-22
Genre: History
ISBN: 0801464625

Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and "tort" and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller’s book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.