Confession and Criminal Justice in Late Medieval Italy
Confession and Criminal Justice in Late Medieval Italy

Author: Lidia Luisa Zanetti Domingues

Publisher: Oxford University Press

Published: 2021-08-26

Total Pages: 240

ISBN-13: 0192659332

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In medieval Italy the practice of revenge as criminal justice was still popular amongst members of all social classes, yet crime also was increasingly perceived as a public matter that needed to be dealt with by the government rather than private citizens. Confession and Criminal Justice in Late Medieval Italy sheds light on this contradiction through an in-depth comparison of lay and religious sources produced in Siena between 1260 and 1330 on criminal justice, conflict, and violence. Confession and Criminal Justice in Late Medieval Italy: argues that religious people were an effective pressure group with regards to criminal justice, thanks both to the literary works they produced and their direct intervention in political affairs, and that their contributions have not received the attention they deserve. It shows that the dichotomy between theories and practices of 'private' and of 'public' justice should be substituted by a framework in which three models, or discourses, of criminal justice are recognised as present in medieval Italian communes, with the addition of a specifically religious discourse based on penitential spirituality. Although the models of criminal justice were competing, they also influenced each other.

Crime and Justice in Late Medieval Italy
Crime and Justice in Late Medieval Italy

Author: Trevor Dean

Publisher: Cambridge University Press

Published: 2007-08-02

Total Pages: 180

ISBN-13: 1139466151

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In this important study, Trevor Dean examines the history of crime and criminal justice in Italy from the mid-thirteenth to the end of the fifteenth century. The book contains studies of the most frequent types of prosecuted crime such as violence, theft and insult, along with the rarely prosecuted sorcery and sex crimes. Drawing on a diverse and innovative range of sources, including legislation, legal opinions, prosecutions, chronicles and works of fiction, Dean demonstrates how knowledge of the history of criminal justice can illuminate our wider understanding of the Middle Ages. Issues and instruments of criminal justice reflected the structure and operation of state power; they were an essential element in the evolution of cities and they provided raw material for fictions. Furthermore, the study of judicial records provides insight into a wide range of social situations, from domestic violence to the oppression of ethnic minorities.

Public Justice and the Criminal Trial in Late Medieval Italy
Public Justice and the Criminal Trial in Late Medieval Italy

Author: Joanna Carraway Vitiello

Publisher: BRILL

Published: 2016-02-02

Total Pages: 231

ISBN-13: 9004311351

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In Public Justice and the Criminal Trial in Late Medieval Italy: Reggio Emilia in the Visconti Age, Joanna Carraway Vitiello examines the criminal trial at the end of the fourteenth century. Inquisition procedure, in which a powerful judge largely controlled the trial process, was in regular use in the criminal court at Reggio. Yet during the period considered in this study, technical procedural developments combined with the political realities of the town to create a system of justice that prosecuted crime but also encouraged dispute resolution. Following the stages of the process, including investigation, denunciation, the weighing of evidence, and the verdict, this study investigates the court’s complex role as a vehicle for both personal justice and prosecution in the public interest.

Women and Violence in the Late Medieval Mediterranean, ca. 1100-1500
Women and Violence in the Late Medieval Mediterranean, ca. 1100-1500

Author: Lidia L. Zanetti Domingues

Publisher: Routledge

Published: 2021-12-30

Total Pages: 255

ISBN-13: 1000523497

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This pioneering work explores the theme of women and violence in the late medieval Mediterranean, bringing together medievalists of different specialties and methodologies to offer readers an updated outline of how different disciplines can contribute to the study of gender-based violence in medieval times. Building on the contributions of the social sciences, and in particular feminist criminology, the book analyses the rich theme of women and violence in its full spectrum, including both violence committed against women and violence perpetrated by women themselves, in order to show how medieval assumptions postulated a tight connection between the two. Violent crime, verbal offences, war and peace-making are among the themes approached by the book, which assesses to what extent coexisting elaborations on the relationship between femininity and violence in the Mediterranean were conflicting or collaborating. Geographical regions explored include Western Europe, Byzantium, and the Islamic world. This multidisciplinary book will appeal to scholars and students of history, literature, gender studies, and legal studies.

Conflicts, Confessions, and Contracts
Conflicts, Confessions, and Contracts

Author: Elizabeth Hardman

Publisher: BRILL

Published: 2016-09-12

Total Pages: 272

ISBN-13: 9004329684

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Diocesan Justice in Late Fifteenth-Century Carpentras uses notarial records from the 1480s to reconstruct the procedures, caseload, and sanctions of the bishop’s court of Carpentras and compare them to other secular and ecclesiastical courts. The court provided a robust forum for debt litigation utilized by a wide variety of people. Its criminal proceedings focused on recidivist clerics who engaged in fights, disobedience, anti-Jewish activities, and sexual transgressions. Its justice varied depending on whether cases involved violence, sex, or contracts. The judge applied sanctions gingerly and protected litigants’ rights carefully, in ways we might not expect: his role was to intervene in, explore, and document conflicts, and to elicit confessions and mediate disputes. Participants exploited this narrative and archival space well.

The Benefits of Peace: Private Peacemaking in Late Medieval Italy
The Benefits of Peace: Private Peacemaking in Late Medieval Italy

Author: Glenn Kumhera

Publisher: BRILL

Published: 2017-02-06

Total Pages: 324

ISBN-13: 9004341110

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In The Benefits of Peace: Private Peacemaking in Late Medieval Italy Glenn Kumhera offers the first comprehensive account of private peacemaking, weaving together its legal, religious, political and social meanings across several cities (13th-15th centuries). The ability of peacemaking to hinder criminal prosecution has often been considered the result of government powerlessness. Kumhera, however, examines the benefits of private peacemaking, detailing how its flexibility was crucial in creating a viable criminal justice system that emphasized violence prevention and recognition of jurisdiction while allowing space for friends, neighbors and clergy to intervene. Additionally, he explores the roles of women and clergy in peacemaking, how peace operated in a vendetta culture and how the medieval understanding of reconciliation affected the practice of peacemaking.

Peace and Penance in Late Medieval Italy
Peace and Penance in Late Medieval Italy

Author: Katherine Ludwig Jansen

Publisher: Princeton University Press

Published: 2018-01-23

Total Pages: 279

ISBN-13: 1400889057

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Medieval Italian communes are known for their violence, feuds, and vendettas, yet beneath this tumult was a society preoccupied with peace. Peace and Penance in Late Medieval Italy is the first book to examine how civic peacemaking in the age of Dante was forged in the crucible of penitential religious practice. Focusing on Florence in the thirteenth and fourteenth centuries, an era known for violence and civil discord, Katherine Ludwig Jansen brilliantly illuminates how religious and political leaders used peace agreements for everything from bringing an end to neighborhood quarrels to restoring full citizenship to judicial exiles. She brings to light a treasure trove of unpublished evidence from notarial archives and supports it with sermons, hagiography, political treatises, and chronicle accounts. She paints a vivid picture of life in an Italian commune, a socially and politically unstable world that strove to achieve peace. Jansen also assembles a wealth of visual material from the period, illustrating for the first time how the kiss of peace—a ritual gesture borrowed from the Catholic Mass—was incorporated into the settlement of secular disputes. Breaking new ground in the study of peacemaking in the Middle Ages, Peace and Penance in Late Medieval Italy adds an entirely new dimension to our understanding of Italian culture in this turbulent age by showing how peace was conceived, memorialized, and occasionally achieved.

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

Published: 2016-09-09

Total Pages: 521

ISBN-13: 0813229049

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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.

Peace and Penance in Late Medieval Italy
Peace and Penance in Late Medieval Italy

Author: Katherine Ludwig Jansen

Publisher: Princeton University Press

Published: 2020-03-31

Total Pages: 278

ISBN-13: 0691203245

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Medieval Italian communes are known for their violence, feuds, and vendettas, yet beneath this tumult was a society preoccupied with peace. Peace and Penance in Late Medieval Italy is the first book to examine how civic peacemaking in the age of Dante was forged in the crucible of penitential religious practice. Focusing on Florence in the thirteenth and fourteenth centuries, an era known for violence and civil discord, Katherine Ludwig Jansen brilliantly illuminates how religious and political leaders used peace agreements for everything from bringing an end to neighborhood quarrels to restoring full citizenship to judicial exiles. She brings to light a treasure trove of unpublished evidence from notarial archives and supports it with sermons, hagiography, political treatises, and chronicle accounts. She paints a vivid picture of life in an Italian commune, a socially and politically unstable world that strove to achieve peace. Jansen also assembles a wealth of visual material from the period, illustrating for the first time how the kiss of peace—a ritual gesture borrowed from the Catholic Mass—was incorporated into the settlement of secular disputes. Breaking new ground in the study of peacemaking in the Middle Ages, Peace and Penance in Late Medieval Italy adds an entirely new dimension to our understanding of Italian culture in this turbulent age by showing how peace was conceived, memorialized, and occasionally achieved.

The Darker Angels of Our Nature
The Darker Angels of Our Nature

Author: Philip Dwyer

Publisher: Bloomsbury Publishing

Published: 2021-08-12

Total Pages: 417

ISBN-13: 1350140619

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In The Better Angels of Our Nature Harvard psychologist Steven Pinker argued that modern history has witnessed a dramatic decline in human violence of every kind, and that in the present we are experiencing the most peaceful time in human history. But what do top historians think about Pinker's reading of the past? Does his argument stand up to historical analysis? In The Darker Angels of our Nature, seventeen scholars of international stature evaluate Pinker's arguments and find them lacking. Studying the history of violence from Japan and Russia to Native America, Medieval England and the Imperial Middle East, these scholars debunk the myth of non-violent modernity. Asserting that the real story of human violence is richer, more interesting and incomparably more complex than Pinker's sweeping, simplified narrative, this book tests, and bests, 'fake history' with expert knowledge.