All societies are constructed, based on specific rules, norms, and laws. Hence, all ethics and morality are predicated on perceived right or wrong behavior, and much of human culture proves to be the result of a larger discourse on vices and virtues, transgression and ideals, right and wrong. The topics covered in this volume, addressing fundamental concerns of the premodern world, deal with allegedly criminal, or simply wrong behavior which demanded punishment. Sometimes this affected whole groups of people, such as the innocently persecuted Jews, sometimes individuals, such as violent and evil princes. The issue at stake here embraces all of society since it can only survive if a general framework is observed that is based in some way on justice and peace. But literature and the visual arts provide many examples of open and public protests against wrongdoings, ill-conceived ideas and concepts, and stark crimes, such as theft, rape, and murder. In fact, poetic statements or paintings could carry significant potentials against those who deliberately transgressed moral and ethical norms, or who even targeted themselves.

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. --

"Following the Council of Trent (1545-1563), Catholic religious orders underwent substantial reform. Nevertheless, on occasion monks and nuns had to be disciplined and--if they had committed a crime--punished. Consequently, many religious orders relied on sophisticated criminal law traditions that included torture, physical punishment, and prison sentences. Ulrich L. Lehner provides for the first time an overview of how monasteries in central Europe prosecuted crime and punished their members, and thus introduces a host of new questions for anyone interested in state-church relations, gender questions, the history of violence, or the development of modern monasticism."

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.

“The brank may be described simply as an iron framework; which was placed on the head, closing it in a kind of cage; it had in front a plate of iron, which, either sharpened or covered with spikes, was so situated as to be placed in the mouth of the victim, and if she attempted to move her tongue in any way whatever, it was certain to be shockingly injured. She thus suffered for telling her mind to some petty tyrant in office, or speaking plainly to a wrong-doer, or for taking to task a lazy, and perhaps a drunken husband.“ Dive into the macabre history of England and Old Europe in this treasure chest of historical punishments. In the pages of Medieval Punishments are punishments from a less enlightened period, creating a thoroughly researched historical document that sheds light on the evolution of society and how humans have maintained social order and addressed crime. In a town called Newcastle-on-Tyne, a drunkard cloak was a barrel that offenders were made to wear. In Anglo-Saxon times, each town was required to build stocks to hold breakers of the peace. To the Romans, beheading was considered the most honorable of deaths. It’s these details that make Medieval Punishments a compelling read for social historians and important component of human history.

The Death Penalty as Torture: From the Dark Ages to Abolition was named a Bronze Medalist in the World History category of the Independent Publisher Book Awards and a finalist in the Eric Hoffer Book Awards (2018). During the Dark Ages and the Renaissance, Europe's monarchs often resorted to torture and executions. The pain inflicted by instruments of torture--from the thumbscrew and the rack to the Inquisition's tools of torment--was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English "Bloody Code" made more than 200 crimes punishable by death, and judicial torture--expressly authorized by law and used to extract confessions--permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts. In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria--the father of the world's anti-death penalty movement--condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of "lawful sanctions," some countries continue to carry out executions even though they bear the indicia of torture. In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which "mock" or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries--one of the products of the Enlightenment--now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty's use.

A primer on medieval justice, this book focuses on France, Germany and England and covers the thousand years between the transformation of the Roman world in Western Europe, which took place around the 4th and 5th centuries, and the European Renaissance of the 14th and 15th centuries. It highlights key elements in the intricate, overlapping legal systems of the Middle Ages and describes a wide range of contemporary laws and cases. A discussion of the modern legacies of medieval law is included, as are a brief overview of the Inquisition, the 27 articles of Joan of Arc and useful commentary on many other topics. Illustrations range from the earliest known depictions of English courts and illuminations of torture to pictures of important sites, events, and instruments of punishment in medieval law.

How was the use of violence against Muslims explained and justified in medieval Islam? What role did state punishment play in delineating the private from the public sphere? What strategies were deployed to cope with the suffering caused by punishment? These questions are explored in Christian Lange's in-depth study of the phenomenon of punishment, both divine and human, in eleventh-to-thirteenth-century Islamic society. The book examines the relationship between state and society in meting out justice, Muslim attitudes to hell and the punishments that were in store in the afterlife, and the legal dimensions of punishment. The cross-disciplinary approach embraced in this study, which is based on a wide variety of Persian and Arabic sources, sheds light on the interplay between theory and practice in Islamic criminal law, and between executive power and the religious imagination of medieval Muslim society at large.

A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.

A Punishment for Each Criminal is the first in-depth analysis of how gender influenced Swedish medieval law. Christine Ekholst demonstrates how the law codes gradually and unevenly introduced women as possible perpetrators for all serious crimes. The laws reveal that legislators not only expected men and women to commit different types of crimes; they also punished men and women in different ways if they were convicted. The laws consistently stipulated different methods of executions for men and women; while men were hanged or broken on the wheel, women were buried alive, stoned, or burned at the stake. A Punishment for Each Criminal explores the background to the important legislative changes that took place when women were made personally responsible for their own crimes.