TRIAL BY FIRE AND WATER THE MEDIEVAL JUDICIAL ORDEAL

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Trial By Fire And Water The Medieval Judicial Ordeal Oxford University Press Academic Monograph Reprints

Author : Robert Bartlett
ISBN : 1626549141
Genre : History
File Size : 32.83 MB
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Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries. In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental. Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.
Category: History

Trial By Fire And Water

Author : Robert Bartlett
ISBN : UOM:39015013864890
Genre : Language Arts & Disciplines
File Size : 29.66 MB
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In trial by ordeal the accused was subjected to some harsh test--holding hot iron, being cast into a pool of water--with guilt or innocence decided according to the outcome. To us a strange and alien custom, trial by ordeal has been an important legal procedure in many regions and periods. Bartlett examines the workings of trial by ordeal from its first appearance in the barbarian law codes, tracing its use by Christian societies to its last days as a test of witchcraft in Europe and America. He discusses recent theories about the operation and decline of the practice, shedding new light on both the ordeal as a working institution and the pressure for its abolition.
Category: Language Arts & Disciplines

The Prince And The Law 1200 1600

Author : Kenneth Pennington
ISBN : 0520913035
Genre : History
File Size : 90.33 MB
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The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.
Category: History

Law Laity And Solidarities

Author : Susan Reynolds
ISBN : 0719058368
Genre : History
File Size : 66.89 MB
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The primary focus of this collection by leading medieval historians is the laity, in particular the ideas and ideals of lay people. The contributors explore lay attitudes as expressed in legal cases, charters, chronicles and collective activities, and they question straightforward narratives of the Middle Ages, as a period of progress from irrational to rational, from primitive to complex and sophisticated or as a time of lay action and clerical thought. They highlight the centrality of kinship, whilst stressing its limitations as an all purpose social bond. The essays range chronologically and geographically from the seventh century to the eve of the Reformation, from Western Britain to papal and urban Italy, from Carolingian dynastic politics to the decline of medieval pilgrimage in the sixteenth century, and from the courts of twelfth-century France to the fifteenth-century wards of London.
Category: History

Early Medieval Studies In Memory Of Patrick Wormald

Author : Stephen David Baxter
ISBN : 0754663310
Genre : History
File Size : 24.99 MB
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Above all these studies present fundamental reinterpretations, not only of published written sources and their underlying manuscript evidence, but also of the development of some of the dominant ideas of that era. In both their scope and the quality of the scholarship, the collection stands as a fitting tribute to the work and life of Patrick Wormald and his lasting contribution to early medieval studies."--BOOK JACKET.
Category: History

Evangelisches Kirchenlexikon

Author : Erwin Fahlbusch
ISBN : 0802824153
Genre : Religion
File Size : 20.34 MB
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"The Encyclopedia of Christianity is the first of a five-volume English translation of the third revised edition of Evangelisches Kirchenlexikon. Its German articles have been tailored to suit an English readership, and articles of special interest to English readers have been added. The encyclopedia describes Christianity through its 2000-year history within a global context, taking into account other religions and philosophies. A special feature is the statistical information dispersed throughout the articles on the continents and over 170 countries. Social and cultural coverage is given to such issues as racism, genocide, and armaments, while historical content shows the development of biblical and apostolic traditions."--"Outstanding reference sources 2000", American Libraries, May 2000. Comp. by the Reference Sources Committee, RUSA, ALA.
Category: Religion

Unjust Seizure

Author : Warren Brown
ISBN : 9780801474699
Genre : HISTORY
File Size : 51.67 MB
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Most scholarship in English on the political and social order of early medieval Europe concentrates on the Western Frankish regions. Warren Brown shifts the focus to the East, concentrating on conflicts and their resolutions to learn how a central authority could affect local societies in the Middle Ages. Brown delves into the rich archival materials of eighth- and ninth-century Bavaria, exploring how Bavarians handled conflicts both before and after the absorption of their duchy into the empire of Charlemagne. The ability to follow specific cases in remarkable detail allows Brown to depict the ways the conquered population reacted to the imposition of a new central authority; how that authority and its institutions were able to function in this far-flung outpost of Charlemagne's realm; and how the relationship between royal authority and local processes developed as the Frankish empire unraveled under Charlemagne's heirs. By drawing on the recent work of anthropologists and political scientists on topics such as dispute resolution and the dynamics of conquest and colonization, Brown considers issues larger than the procedures for handling conflict in the early Middle Ages: How could a ruler exercise power without the coercive resources available to the modern state? In what ways can a people respond to military conquest?
Category: HISTORY

Folk Law

Author : Alison Dundes Renteln
ISBN : 0299143449
Genre : Social Science
File Size : 47.68 MB
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In every culture there exists unwritten law--obligations and prohibitions that are understood and passed on, and transgressions that are punished. Folk Law, a comprehensive two-volume collection of essays, examines this meeting place of folklore and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law. The collection begins by defining various forms of "folk law," drawing on examples from many cultures. The second section provides historical profiles of pioneering figures in the study of folk law. Following sections examine field research techniques used to identify folk laws; aspects of folk law within the realm of rituals, songs, and other forms of expressive culture; instances where folk law comes into conflict with national law, and the role of folk law in the international arena. The volumes also include description and analysis of two approaches to folk law--the rule approach, in which scholars dissect the codes that underlie folk law, and the case approach, in which researchers examine specific cases involving folk law. Valuable for students and scholars of law, folklore, or anthropology, this extensive casebook marks a rare interdisciplinary approach to two important areas of research.
Category: Social Science

Sacred Pain

Author : Ariel Glucklich
ISBN : 0198030401
Genre : Religion
File Size : 32.42 MB
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Why would anyone seek out the very experience the rest of us most wish to avoid? Why would religious worshipers flog or crucify themselves, sleep on spikes, hang suspended by their flesh, or walk for miles through scorching deserts with bare and bloodied feet? In this insightful new book, Ariel Glucklich argues that the experience of ritual pain, far from being a form of a madness or superstition, contains a hidden rationality and can bring about a profound transformation of the consciousness and identity of the spiritual seeker. Steering a course between purely cultural and purely biological explanations, Glucklich approaches sacred pain from the perspective of the practitioner to fully examine the psychological and spiritual effects of self-hurting. He discusses the scientific understanding of pain, drawing on research in fields such as neuropsychology and neurology. He also ranges over a broad spectrum of historical and cultural contexts, showing the many ways mystics, saints, pilgrims, mourners, shamans, Taoists, Muslims, Hindus, Native Americans, and indeed members of virtually every religion have used pain to achieve a greater identification with God. He examines how pain has served as a punishment for sin, a cure for disease, a weapon against the body and its desires, or a means by which the ego may be transcended and spiritual sickness healed. "When pain transgresses the limits," the Muslim mystic Mizra Asadullah Ghalib is quoted as saying, "it becomes medicine." Based on extensive research and written with both empathy and critical insight, Sacred Pain explores the uncharted inner terrain of self-hurting and reveals how meaningful suffering has been used to heal the human spirit.
Category: Religion