Incarceration and Slavery in the Middle Ages and the Early Modern Age


Book Description

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).




The Medieval Prison


Book Description

The modern prison is commonly thought to be the fruit of an Enlightenment penology that stressed man's ability to reform his soul. The Medieval Prison challenges this view by tracing the institution's emergence to a much earlier period beginning in the late thirteenth century, and in doing so provides a unique view of medieval prison life. G. Geltner carefully reconstructs life inside the walls of prisons in medieval Venice, Florence, Bologna, and elsewhere in Europe. He argues that many enduring features of the modern prison--including administration, finance, and the classification of inmates--were already developed by the end of the fourteenth century, and that incarceration as a formal punishment was far more widespread in this period than is often realized. Geltner likewise shows that inmates in medieval prisons, unlike their modern counterparts, enjoyed frequent contact with society at large. The prison typically stood in the heart of the medieval city, and inmates were not locked away but, rather, subjected to a more coercive version of ordinary life. Geltner explores every facet of this remarkable prison experience--from the terror of an inmate's arrest to the moment of his release, escape, or death--and the ways it was viewed by contemporary observers. The Medieval Prison rewrites penal history and reveals that medieval society did not have a "persecuting mentality" but in fact was more nuanced in defining and dealing with its marginal elements than is commonly recognized.







Felony and the Guilty Mind in Medieval England


Book Description

Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.




Harnessing the Power of the Criminal Corpse


Book Description

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.




Capital and Corporal Punishment in Anglo-Saxon England


Book Description

Anglo-Saxon authorities often punished lawbreakers with harsh corporal penalties, such as execution, mutilation and imprisonment. Despite their severity, however, these penalties were not arbitrary exercises of power. Rather, they were informed by nuanced philosophies of punishment which sought to resolve conflict, keep the peace and enforce Christian morality. The ten essays in this volume engage legal, literary, historical, and archaeological evidence to investigate the role of punishment in Anglo-Saxon society. Three dominant themes emerge in the collection. First is the shift from a culture of retributive feud to a system of top-down punishment, in which penalties were imposed by an authority figure responsible for keeping the peace. Second is the use of spectacular punishment to enhance royal standing, as Anglo-Saxon kings sought to centralize and legitimize their power. Third is the intersection of secular punishment and penitential practice, as Christian authorities tempered penalties for material crime with concern for the souls of the condemned. Together, these studies demonstrate that in Anglo-Saxon England, capital and corporal punishments were considered necessary, legitimate, and righteous methods of social control. Jay Paul Gates is Assistant Professor at John Jay College of Criminal Justice in The City University of New York; Nicole Marafioti is Assistant Professor of History and co-director of the Medieval and Renaissance Studies Program at Trinity University in San Antonio, Texas. Contributors: Valerie Allen, Jo Buckberry, Daniela Fruscione, Jay Paul Gates, Stefan Jurasinski, Nicole Marafioti, Daniel O'Gorman, Lisi Oliver, Andrew Rabin, Daniel Thomas.




When Should Law Forgive?


Book Description

“Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.




Outlawry, Governance, and Law in Medieval England


Book Description

Outlawry, Governance, and Law in Medieval England evaluates the role of exclusionary practices, namely outlawry, in law and governance in England from the tenth through the thirteenth centuries. This book is essential reading for scholars in this field but also highly recommended for courses that assess medieval law and the practice of outlawry as well as the development of English Common Law.




Imprisonment in Medieval England


Book Description

This study traces the subject to the reign of Henry VIII. The author describes the location and analyses the types of prison buildings: county gaols, 'national' prisons (like the Fleet), franchise, municipal, 'bishops' and forest prisons. He also deals with the administration, staffing, repair and appearance of the buildings. Professor Pugh emphasizes that imprisonment was widely used as a punishment and was not wholly custodial and coercive; that the treatment of prisoners, if callous, was not intentionally cruel; and that the exaction of fees and lodging charges was not an 'abuse' but came to be the only way in which imprisonment could be made to work. These views correct prevailing misconceptions. The growth of imprisonment for debt and the system called 'benefit of clergy' are traced. Several chapters are devoted to escaping and its punitive consequences and to the trial of suspected felons. There is also some discussion of the imprisonment or monks within their monasteries.




A Companion to Medieval and Renaissance Bologna


Book Description

Long neglected by scholars, medieval and Renaissance Bologna is now recognized as a center of economic, political-constitutional, legal, and intellectual innovation, as the city that served as the cultural crossroads of Italy. The city’s distinctive achievements and its transition from medieval commune to second largest city of the Renaissance Papal State is illuminated by essays that present the work of current historians, many made available in English for the first time, from the broadest possible perspective: from the material city with its porticoes, the conflicts that brought bloodshed and turmoil to its streets, the disputations of masters and students, and to the masterpieces of artists who laid the foundations for Baroque art. See inside the book.