Prosecuting Crime in the Renaissance

He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability.

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Author: John H. Langbein

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584775775

Category: History

Page: 321

View: 696

Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut fur Europaische Rechtsgeschichte and the Max-Planck-Institut fur Auslandisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991)."

Pictures and Punishment

Examines the influence of Renaissance art on the development of a humane criminal justice system in Florence

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Author: Samuel Y. Edgerton

Publisher:

ISBN: UOM:39015016613096

Category: Art

Page: 243

View: 320

Examines the influence of Renaissance art on the development of a humane criminal justice system in Florence

The Criminal Law System of Medieval and Renaissance Florence

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.

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Author: Laura Ikins Stern

Publisher:

ISBN: UCSC:32106010000708

Category: Law

Page: 286

View: 346

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.

Criminal Discovery

Langbein , Prosecuting Crime in the Renaissance , above n 27 , Ch 4 , 63-103 . Between 1383 and 1552 , justices of the peace were empowered by 31 statutes ( covering subjects such as arms , forgery , game poaching and vagabonds ) to ...

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Author: Cosmas Moisidis

Publisher: Institute of Criminology

ISBN: 0975196774

Category: Criminal investigation

Page: 287

View: 464

In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.

Crime and Justice in Late Medieval Italy

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.

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Author: Trevor Dean

Publisher: Cambridge University Press

ISBN: 9781139466158

Category: History

Page:

View: 673

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.

Crime Gender and Sexuality in Criminal Prosecutions

... Trevor Dean and Kate Lowe , " Writing the History of Crime in the Renaissance , " in Crime , Society and the Law in Renaissance Italy , ed . Trevor Dean and K.J.P. Lowe ( Cambridge , 1994 ) and the bibliographies there . 2.

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Author: Louis A. Knafla

Publisher: Greenwood Publishing Group

ISBN: 0313310130

Category: Social Science

Page: 228

View: 441

Examines the common issues that emerge from the study of class and gender in European criminal prosecutions.

Prosecuting Women

A Comparative Perspective on Crime and Gender Before the Dutch Criminal Courts, c.1600–1810 Ariadne Schmidt ... 137 Spierenburg, The Spectacle of Suffering, 210 138 John H. Langbein, Prosecuting crime in the Renaissance: England, ...

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Author: Ariadne Schmidt

Publisher: BRILL

ISBN: 9789004424913

Category: History

Page: 296

View: 791

In the early modern period women played a prominent role in crime. At times they even made up half of all defendants. Female criminality was a typically urban phenomenon. Why do we find so many women before the Dutch criminal courts?

The Diffident Naturalist

Langbein, Prosecuting Crime in the Renaissance, 237-39,- Holdsworth, History oj English Law 5-. 173-87. Torture was used because a confession carried the value of 1. England also used torture for serious crimes, but there were no ...

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Author: Rose-Mary Sargent

Publisher: University of Chicago Press

ISBN: 9780226734972

Category: Biography & Autobiography

Page: 355

View: 346

In a provocative reassessment of one of the quintessential figures of early modern science, Rose-Mary Sargent explores Robert Boyle's philosophy of experiment, a central aspect of his life and work that became a model for mid- to late seventeenth-century natural philosophers and for many who followed them. Sargent examines the philosophical, legal, experimental, and religious traditions—among them English common law, alchemy, medicine, and Christianity—that played a part in shaping Boyle's experimental thought and practice. The roots of his philosophy in his early life and education, in his religious ideals, and in the work of his predecessors—particularly Bacon, Descartes, and Galileo—are fully explored, as are the possible influences of his social and intellectual circle. Drawing on the full range of Boyle's published works, as well as on his unpublished notebooks and manuscripts, Sargent shows how these diverse influences were transformed and incorporated into Boyle's views on and practice of experiment.

Essays in Criminal Law in Honour of Sir Gerald Gordon

Viewed in context, each concept stands at the far end of a continuum. in reality, codes of criminal procedure (and ... 2 for an account in english, see J h langbein, Prosecuting Crime in the Renaissance: England, Germany and France ...

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Author: James Chalmers

Publisher: Edinburgh University Press

ISBN: 9780748686933

Category: Law

Page: 376

View: 138

This volume is a Festschrift in honour of Sir Gerald Gordon who has been one of the most influential figures in Scottish criminal law and procedure in the last century.

Prosecution and Punishment

Petty Crime and the Law in London and Rural Middlesex, C.1660-1725 Robert B. Shoemaker, Shoemaker, Robert Brink Shoemaker ... Prosecuting Crime in the Renaissance : England , Germany , France ( Cambridge , Mass . , 1974 ) , Part One .

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Author: Robert B. Shoemaker

Publisher: Cambridge University Press

ISBN: 0521400821

Category: History

Page: 351

View: 286

This book offers an assessment of the social significance of the law in pre-industrial England.

Sex Crimes

Sex Crimes looks at the cyclical movement in Europe from implicit sexual tolerance to repression, to sexual liberalization and open tolerance.

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Author: William G. Naphy

Publisher: Tempus Pub Limited

ISBN: UOM:39015060621615

Category: History

Page: 255

View: 173

Sex Crimes looks at the cyclical movement in Europe from implicit sexual tolerance to repression, to sexual liberalization and open tolerance. Cultural historian William Naphy considers the whole gamut of sexual activity which could result in a criminal prosecution and, usually, execution. He considers those types of behavior considered criminal but “natural” (adultery, bigamy, fornication, rape, prostitution), “unnatural” sex (masturbation, incest, child abuse, same-sex relations), and finally “inhuman, unnatural” sex (bestiality, sex with Satan). William Naphy emphasizes the modernity of the past in its attitudes while highlighting those areas where socially constructed attitudes most differ from the present day.

Women and Crime in the Street Literature of Early Modern England

By Langbein, Prosecuting Crime in the Renaissance, p. 49. 15 The second pamphlet is called The Horrible Murther of a young Boy of three yeres of age (1606). The ballad was registered on 13 October 1606. For the indictment of Agnes and ...

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Author: S. Clark

Publisher: Springer

ISBN: 9780230000629

Category: Fiction

Page: 233

View: 498

Clark explores how real-life women's crimes were handled in the news media of an age before the invention of the newspaper, in ballads, pamphlets, and plays. It discusses those features of contemporary society which particularly influenced early modern crime reporting, such as attitudes to news, the law and women's rights, and ideas about the responsibility of the community for keeping order. It considers the problems of writing about transgressive women for audiences whose ideal woman was chaste, silent, and obedient.

Confessionalization in Europe 1555 1700

See also John Langbein, Prosecuting Crime in the Renaissance: England, France, Germany (Cambridge, Mass., 1974), 140¥66. More convincing than Schmidt regarding the church«s influence on the adoption of inquisitorial procedure, however, ...

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Author: John M. Headley

Publisher: Routledge

ISBN: 9781351949750

Category: History

Page: 400

View: 431

Confessionalization in Europe, 1555-1700 brings together a closely-focused set of essays by leading scholars from the USA, UK, and Europe, in memory of Bodo Nischan. They address what historians of the Early Modern period have recently come to define as the pre-eminent issue in the history of the Reformation, as they turn their emphases from the earlier part of the 16th century to the relatively neglected latter half of the century. By the time of his death Bodo Nischan had distinguished himself as a significant contributor to this central problem of confessionalization. The concept involves the practice of 'confession building' which in relation to that of 'social disciplining', promoted interrelated processes contributing decisively to the formation of confessional churches, greater social cohesion, and the emergence of the Early Modern absolute state. Many religious practices, earlier considered as adiaphora (indifferent matters), now became treated as marks of demarcation between the emerging Protestant confessional churches and at the same time politicized as the early modern state sought to impose greater social control. Through the analysis of such liturgical, ritual, and ceremonial practices Nischan helped show the way towards a better understanding of the Reformation's engagement with the people. These are the themes treated in this volume.

Legal Medicine in History

50; Beattie, Crime and the Courts, p. ... 80 The crime of witchcraft provides an interesting exception, for it is 'one of the few instances where discussion of early ... 218-41 and Langbein, Prosecuting Crime in the Renaissance, pp.

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Author: MICHAEL P. CLARK

Publisher: Cambridge University Press

ISBN: 0521395143

Category: Medical

Page: 364

View: 568

A collection of essays on the social history of legal medicine including case studies on infanticide, abortion, coroners' inquests and criminal insanity.

Crime Law and Society

King, P.J.E. (1989) 'Prosecution associations and their impact in eighteenth-century Essex, in Douglas Hay and Francis Snyder (eds) Policing and prosecution in Britain, ... Langbein, John (1974) Prosecuting crime in the Renaissance.

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Author: MalcolmM. Feeley

Publisher: Routledge

ISBN: 9781351570640

Category: History

Page: 556

View: 994

Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.

Beyond Reasonable Doubt and probable Cause

See Robert Shoemaker , " Crime and Community : Prosecution of Misdemeanor in Middlesex County , 1663-1725 , " Ph.D. diss . ... See also Sharpe , Crime in Seventeenth - Century England . ... Prosecuting Crime in the Renaissance , 262 .

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Author: Barbara J. Shapiro

Publisher: Univ of California Press

ISBN: 0520084519

Category: History

Page: 365

View: 537

Demons of Urban Reform

Early European Witch Trials and Criminal Justice, 1430-1530 Laura Patricia Stokes. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. ... Langbein, Prosecuting Crime in the Renaissance, p. 151. StALU RP 12 fol. 89r.

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Author: Laura Patricia Stokes

Publisher: Springer

ISBN: 9780230309043

Category: History

Page: 235

View: 176

A comparative analysis of early witch trials in Lucerne, Nuremberg and Basel, within the context of criminal justice and social control. The case of Lucerne presents a fascinating interplay between witch trials and a transformation in the city's criminal procedure on one hand, and between witchcraft fears and social control on the other.