The Consumption of Justice

Author: Daniel Lord Smail
Publisher: Cornell University Press
ISBN: 0801468779
Format: PDF
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In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.

The History of Courts and Procedure in Medieval Canon Law

Author: Wilfried Hartmann
Publisher: CUA Press
ISBN: 0813229049
Format: PDF, ePub
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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.

Urban Space in the Middle Ages and the Early Modern Age

Author: Albrecht Classen
Publisher: Walter de Gruyter
ISBN: 3110223902
Format: PDF, Docs
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Although the city as a central entity did not simply disappear with the Fall of the Roman Empire, the development of urban space at least since the twelfth century played a major role in the history of medieval and early modern mentality within a social-economic and religious framework. Whereas some poets projected urban space as a new utopia, others simply reflected the new significance of the urban environment as a stage where their characters operate very successfully. As today, the premodern city was the locus where different social groups and classes got together, sometimes peacefully, sometimes in hostile terms. The historical development of the relationship between Christians and Jews, for instance, was deeply determined by the living conditions within a city. By the late Middle Ages, nobility and bourgeoisie began to intermingle within the urban space, which set the stage for dramatic and far-reaching changes in the social and economic make-up of society. Legal-historical aspects also find as much consideration as practical questions concerning water supply and sewer systems. Moreover, the early modern city within the Ottoman and Middle Eastern world likewise finds consideration. Finally, as some contributors observe, the urban space provided considerable opportunities for women to carve out a niche for themselves in economic terms.

Emotions Au Coeur de la Ville XIVe XVIe Siecle

Author: Elodie Lecuppre-Desjardin
Publisher: Brepols Pub
Format: PDF, ePub, Mobi
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The town reveals itself as an ideal context within which to articulate values, mentalities, customs and aesthetics. From the marketplace to the court of justice, from the procession route to the scaffold, from the theatre stage to the scene of riots, the town concentrates in its heart a public space, where both delicate and strong emotions are repeatedly enacted. The purpose of this book is to develop different approaches and thus to suggest a more precise analysis of emotion as a means of communication inside the town.