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.

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 Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Older research on the premodern world limited its focus on the Church, the court, and, more recently, on urban space. The present volume invites readers to consider the meaning of rural space, both in light of ecocritical readings and social-historical approaches. While previous scholars examined the figure of the peasant in the premodern world, the current volume combines a large number of specialized studies that investigate how the natural environment and the appearance of members of the rural population interacted with the world of the court and of the city. The experience in rural space was important already for writers and artists in the premodern era, as the large variety of scholarly approaches indicates. The present volume signals how much the surprisingly close interaction between members of the aristocratic and of the peasant class determined many literary and art-historical works. In a surprisingly large number of cases we can even discover elements of utopia hidden in rural space. We also observe how much the rural world was a significant element already in early-medieval mentality. Moreover, as many authors point out, the impact of natural forces on premodern society was tremendous, if not catastrophic.

Historians of medieval and Renaissance Italy have long held that the Florentine republic fell victim to rule by oligarchy in the early fifteenth century. Now, in the first complete analysis of the criminal law system of Florence during this crucial period, Laura Ikins Stern argues that the vitality of Florentine legal institutions gives evidence of a centralized state bureaucracy strong enough to thwart the early development of a ruling oligarchy. Exploring the changing roles played by judicial officials as well as the evolution of Florentine government, Stern shows how these developments reflected broad-based change in society at large. From such primary documents as legal statutes and actual trial records, she provides a step-by-step explanation of trial procedure to offer a rare glimpse of inquisition methods in the secular world--from public fame initiation, through the weighing of various levels of proof, to the complex process of sentencing. And sheexplores the links between implementation of inquisition procedure, the development of the territorial state, and the struggle between republican institutions and the emerging oligarchy. The Johns Hopkins University Studies in Historical and Political Science.

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.

Die neue englischsprachige Reihe zur Mediävistik strebt eine methodisch reflektierte, anspruchsvolle Verbindung von Text- und Kulturwissenschaft an. Sie widmet sich den kulturellen Grundthemen der mittelalterlichen Welt aus der Perspektive der Literatur- und Geschichtswissenschaft. ‚Grundthemen' sind die kulturprägenden Denkbilder, Weltanschauungen, Sozialstrukturen und Alltagsbedingungen des mittelalterlichen Lebens, also z. B. Kindheit und Alter, Sexualität, Religion, Medizin, Rituale, Arbeit, Armut und Reichtum, Aberglauben, Erde und Kosmos, Stadt und Land, Krieg, Emotionen, Kommunikation, Reisen usw. Die Reihe greift wichtige aktuelle Fachdiskussionen auf und stellt ein Forum der interdisziplinären Mittelalter-Forschung dar. Fundamentals of Medieval and Early Modern Culture steht Sammelbänden ebenso offen wie Monographien. Intention ist immer, kompendienhafte Werke zu zentralen Fragen der mittelalterlichen Kulturgeschichte vorzulegen, die einen soliden Überblick über einen geschlossenen Themenkreis aus der Perspektive verschiedener Fachdisziplinen vermitteln. Im Ganzen bietet die Reihe so eine Enzyklopädie der mittelalterlichen Literatur- und Kulturgeschichte und ihrer Hauptthemen. Es werden ca. zwei Bände pro Jahr erscheinen.

This new volume explores the surprisingly intense and complex relationships between East and West during the Middle Ages and the early modern world, combining a large number of critical studies representing such diverse fields as literary (German, French, Italian, English, Spanish, and Arabic) and other subdisciplines of history, religion, anthropology, and linguistics. The differences between Islam and Christianity erected strong barriers separating two global cultures, but, as this volume indicates, despite many attempts to 'Other' the opposing side, the premodern world experienced an astonishing degree of contacts, meetings, exchanges, and influences. Scientists, travelers, authors, medical researchers, chroniclers, diplomats, and merchants criss-crossed the East and the West, or studied the sources produced by the other culture for many different reasons. As much as the theoretical concept of 'Orientalism' has been useful in sensitizing us to the fundamental tensions and conflicts separating both worlds at least since the eighteenth century, the premodern world did not quite yet operate in such an ideological framework. Even though the Crusades had violently pitted Christians against Muslims, there were countless contacts and a palpitable curiosity on both sides both before, during, and after those religious warfares.

The notions of other peoples, cultures, and natural conditions have always been determined by the epistemology of imagination and fantasy, providing much freedom and creativity, and yet have also created much fear, anxiety, and horror. In this regard, the pre-modern world demonstrates striking parallels with our own insofar as the projections of alterity might be different by degrees, but they are fundamentally the same by content. Dreams, illusions, projections, concepts, hopes, utopias/dystopias, desires, and emotional attachments are as specific and impactful as the physical environment. This volume thus sheds important light on the various lenses used by people in the Middle Ages and the early modern age as to how they came to terms with their perceptions, images, and notions. Previous scholarship focused heavily on the history of mentality and history of emotions, whereas here the history of pre-modern imagination, and fantasy assumes center position. Imaginary things are taken seriously because medieval and early modern writers and artists clearly reveal their great significance in their works and their daily lives. This approach facilitates a new deep-structure analysis of pre-modern culture.

People in the Middle Ages and the early modern age more often suffered from imprisonment and enslavement than we might have assumed. Incarceration and Slavery in the Middle Ages and the Early Modern Age approaches these topics from a wide variety of perspectives and demonstrates collectively the great relevance of the issues involved. Both incarceration and slavery were (and continue to be) most painful experiences, and no one was guaranteed exemption from it. High-ranking nobles and royalties were often the victims of imprisonment and, at times, had to wait many years until their ransom was paid. Similarly, slavery existed throughout Christian Europe and in the Arab world. However, while imprisonment occasionally proved to be the catalyst for major writings and creativity, slaves in the Ottoman empire and in Egypt succeeded in rising to the highest position in society (Janissaries, Mamluks, and others).