Making Manslaughter: Process, Punishment and Restitution in Württemberg and Zurich, 1376-1700


Book Description

In Making Manslaughter, Susanne Pohl-Zucker offers parallel studies that trace the legal settlement of homicide in the duchy of Württemberg and the imperial city of Zurich between 1376 and 1700. Killings committed by men during disputes were frequently resolved by extrajudicial agreements during the late Middle Ages. Around 1500, customary strategies of dispute settlement were integrated and modified within contexts of increasing legal centralization and, in Württemberg, negotiated with the growing influence of the ius commune. Legal practice was characterized by indeterminacy and openness: categories and procedures proved flexible, and judicial outcomes were produced by governmental policies aimed at the re-establishment of peace as well as by the strategies and goals of all disputants involved in a homicide case. See inside the book.




Making Murder Public


Book Description

Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.'




Emotion, Violence, Vengeance and Law in the Middle Ages


Book Description

Contributions to this Festschrift for the renowned American legal and literary scholar William Ian Miller reflect the extraordinary intellectual range of the honorand, who is equally at home discussing legal history, Icelandic sagas, English literature, anger and violence, and contemporary popular culture. Professor Miller's colleagues and former students, including distinguished academic lawyers, historians, and literary scholars from the United States, Canada, and Europe, break important new ground by bringing little-known sources to a wider audience and by shedding new light on familiar sources through innovative modes of analysis. Contributors are Stuart Airlie, Theodore M. Andersson, Nora Bartlett, Robert Bartlett, Jordan Corrente Beck, Carol J. Clover, Lauren DesRosiers, William Eves, John Hudson, Elizabeth Papp Kamali, Kimberley-Joy Knight, Simon MacLean, M.W. McHaffie, Eva Miller, Hans Jacob Orning, Jamie Page, Susanne Pohl-Zucker, Amanda Strick, Helle Vogt, Mark D. West, and Stephen D. White.




Law as Performance


Book Description

Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, --as it still does today.




Nordic Homicide in Deep Time


Book Description

Nordic Homicide in Deep Time draws a unique and detailed picture of developments in human interpersonal violence and presents new findings on rates, patterns, and long-term changes in lethal violence in the Nordics. Conducted by an interdisciplinary team of criminologists and historians, the book analyses homicide and lethal violence in northern Europe in two eras – the 17th century and early 21st century. Similar and continuous societal structures, cultural patterns, and legal cultures allow for long-term and comparative homicide research in the Nordic context. Reflecting human universals and stable motives, such as revenge, jealousy, honour, and material conflicts, homicide as a form of human behaviour enables long-duration comparison. By describing the rates and patterns of homicide during these two eras, the authors unveil continuity and change in human violence. Where and when did homicide typically take place? Who were the victims and the offenders, what where the circumstances of their conflicts? Was intimate partner homicide more prevalent in the early modern period than in present times? How long a time elapsed from violence to death? Were homicides often committed in the context of other crime? The book offers answers to these questions among others, comparing regions and eras. We gain a unique and empirically grounded view on how state consolidation and changing routines of everyday life transformed the patterns of criminal homicide in Nordic society. The path to pacification was anything but easy, punctuated by shorter crises of social turmoil, and high violence. The book is also a methodological experiment that seeks to assess the feasibility of long-duration standardized homicide analysis and to better understand the logic of homicide variation across space and over time. In developing a new approach for extending homicide research into the deep past, the authors have created the Historical Homicide Monitor. The new instrument combines wide explanatory scope, measurement standardization, and articulated theory expression. By retroactively expanding research data to the pre-statistical era, the method enables long-duration comparison of different periods and areas. Based on in-depth source critique, the approach captures patterns of criminal behaviour, beyond the control activity of the courts. The authors foresee the application of their approach in even remoter periods. Nordic Homicide in Deep Time helps the reader to understand modern homicide by revealing the historical continuities and changes in lethal violence. The book is written for professionals, university students and anyone interested in the history of human behaviour.




Premodern Masculinities in Transition


Book Description

Sheds new light on how masculinity was understood, lived, performed and viewed during a period of huge change. Premodern masculinity was multivalent and dynamic, a series of intersecting, conflicting, and mutating identities that nevertheless were distinct and recognizable to people and their societies. The articles collected here examine a variety of means by which masculinity was constructed, deconstructed, and transformed across time, geographies, and cultures. Articles range across the twelfth to seventeenth century, from western Europe to the Volga-Ural region, from the Christian west to the Muslim east, from Ottomans to Mongols and Persians, from Baudri of Bourgueil to Blaise de Monluc; while topics include the chivalric hero, the effeminate man, beards, and spurs, represented variously in literature, historical documents, and art. Finally, in that period of great transformation that is the sixteenth century, they show how masculinity moved away from the traditional and recognizable to become something different and distinct from its premodern expressions.




Trials of the self


Book Description

This highly original study brings together the disparate histories of murder and enlightenment, prostitution and the cult of nature, sodomy and sentimentalism in order to retell the story of the making of the modern self. It suggests that the history of the self needs to attend more to its class dimensions, and puts this insight into practice by examining the influence of the criminal courts in spreading and negotiating changing ideas of the self. Using criminal interrogations and witness statements, Trials of the self shows that an increasing stress on psychological depth in the late-eighteenth and early nineteenth centuries was not only important for elites, but also for common and illiterate people – sometimes even more so.




Prostitution and Subjectivity in Late Medieval Germany


Book Description

Based on legal case studies, this book focuses on how gender discourse shaped the lives of prostitutes in medieval Germany.




The Darker Angels of Our Nature


Book Description

In The Better Angels of Our Nature Harvard psychologist Steven Pinker argued that modern history has witnessed a dramatic decline in human violence of every kind, and that in the present we are experiencing the most peaceful time in human history. But what do top historians think about Pinker's reading of the past? Does his argument stand up to historical analysis? In The Darker Angels of our Nature, seventeen scholars of international stature evaluate Pinker's arguments and find them lacking. Studying the history of violence from Japan and Russia to Native America, Medieval England and the Imperial Middle East, these scholars debunk the myth of non-violent modernity. Asserting that the real story of human violence is richer, more interesting and incomparably more complex than Pinker's sweeping, simplified narrative, this book tests, and bests, 'fake history' with expert knowledge.




A Cultural History of Marriage in the Renaissance and Early Modern Age


Book Description

Why marry? The personal question is timeless. Yet the highly emotional desires of men and women during the period between 1450 and 1650 were also circumscribed by external forces that operated within a complex arena of sweeping economic, demographic, political, and religious changes. The period witnessed dramatic religious reforms in the Catholic confession and the introduction of multiple Protestant denominations; the advent of the printing press; European encounters and exchange with the Americas, North Africa, and southwestern and eastern Asia; the growth of state bureaucracies; and a resurgence of ecclesiastical authority in private life. These developments, together with social, religious, and cultural attitudes, including the constructed norms of masculinity, femininity, and sexuality, impinged upon the possibility of marrying. The nine scholars in this volume aim to provide a comprehensive picture of current research on the cultural history of marriage for the years between 1450 and 1650 by identifying both the ideal templates for nuptial unions in prescriptive writings and artistic representation and actual practices in the spheres of courtship and marriage rites, sexual relationships, the formation of family networks, marital dissolution, and the overriding choices of individuals over the structural and cultural constraints of the time. A Cultural History of Marriage in the Renaissance and Early Modern Age presents an overview of the period with essays on Courtship and Ritual; Religion, State and Law; Kinship and Social Networks; the Family Economy; Love and Sex; the Breaking of Vows; and Representations of Marriage.