Crime And Justice In Late Medieval Italy By Trevor Dean Pdf
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The Rule of the Este Dean, Trevor. A sourcebook p.
- Comitatus: A Journal of Medieval and Renaissance Studies
- Crime And Justice In Late Medieval Italy
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Despite the fact that the gravity of the wounds meant that this altercation was formally categorised as a serious crime, the case appears to have been halted before a sentence was pronounced. Cases such as these speak to various particularities of crime and criminal justice in early modern Italy. Far less expected from a historiographical perspective was that the perpetrator of this aggression was a woman.
This oversimplified characterisation has been subject to substantial criticism from scholars of Italian history, not in the least place because what women should not do does not necessarily represent what women could or did not do. Recorded crimes attest to the discrepancy between norms and practice by their very nature, yet the criminal endeavours of Italian women have to this day received little scholarly scrutiny.
This silence exists despite a wealth of sources available, as well as indications of several important differences in recorded crimes between Italy and other parts of Europe — not only for men but also for women. This introductory chapter examines the state of current historical research: what has scholarship taught us about women in crime in early modern Europe, and how has Italian scholarship engaged with this topic?
Looking at Bologna as a case study it furthermore poses the question central to this book: how can its legal and socioeconomic circumstances explain the patterns of female involvement in recorded crime? Various important German scholars have, for example, revealed women as active users of justice, and demonstrated how women were able to employ expectations surrounding gender norms to further their cases before criminal and ecclesiastical courts.
Since then several social histories of women and crime in England, France, Germany and Holland have shown that different choices of sources reveal considerably higher proportions of women in crime before the twentieth century, especially when the lower courts are considered. In Italy an interest in the social history of criminal justice also emerged during the s, developing in a strong dialogue with the micro-historical approach.
This, for one, meant that the quantitative method did not gain a lot of ground among Italian scholars. Responding to the dominant institutional historiography that examined power structures through the actions of jurists and magistrates, micro-historians focussed on the networks of relationships within social groups through accounts of single crimes. In their eyes, a focus on aggregate trends, large-scale processes and overarching categories and groups was unable to grasp these complexities.
Emblematic for the development of Italian crime history was the discussion between Edoardo Grendi and Mario Sbriccoli during the s and s, both strongly advocating other approaches than a quantitative one. In a range of articles and special issues of Quaderni Storici , Grendi proposed a qualitative, socio-cultural approach to criminal court records that allowed individual or comparable groups of cases to be understood within their specific contexts.
As historical products of law, they should be viewed not as reflections of histories of criminality, but as measures of criminal justice. In his opinion, recorded crime was formed both by criminal justice and social relations, and he therefore called for the use of criminal court records to better understand the relations between, for example, different age groups and genders.
Instead, the image of premodern Italian criminality and criminal justice is dominated by the topics of violence by the nobility and rural banditry. In an important reference work on women and gender in social history, Elisabeth Crouzet-Pavan summarised that Italian women are believed to have had a marginal criminal presence in the early modern period, and are therefore commonly overlooked in the study of crime.
Walker and others contended that these supposedly feminine crimes were neither typical of female behaviour nor of the criminal prosecutions of women. Evidence from the Italian peninsula also shakes up the idea of the crimes of men and women as a dichotomy. For late medieval Bologna, Trevor Dean contended that the real difference between the crimes of men and women was probably quantitative rather than qualitative.
Women were indeed disproportionally accused of crimes of immorality compared to men before the Florentine court, yet these crimes made up only one-eighth of their total caseload. While there were important ways in which characteristics of Italian female crime patterns appear to converge with those from northern Europe, a re-evaluation of the existing literature allows us to tease out various significant differences. Informed by the findings from international discussions on the social histories of crime and gender, this book addresses this lacuna by providing an in-depth examination of the gender dynamics of recorded crime in one early modern Italian town: Bologna.
Were Bolognese women less criminal than their northern European counterparts? Should we understand their comparatively low shares from the context of strict gender norms and an honour culture, or a culture of violence? Bologna has been the subject of various historical investigations of crime and criminal justice. Sarah Rubin Blanshei, Massimo Vallerani, and Trevor Dean have analysed the evolution of criminal justice from a forum for private accusations to a more public, deterrent-oriented inquisitorial system between the thirteenth and fifteenth centuries.
Each of these works have provided important insights upon which this books builds. This book teases out how a gendered socioeconomic and legal regime brought about differences and similarities between the ways in which crimes were committed and adjudicated in early modern Bologna. The overall share of women involved in recorded crime was an important outcome, but more subtle qualitative differences between the characteristics of the recorded crimes of male and female offenders can also be observed.
But not all cities were alike, nor does this generalising theory explain regional variations across Western Europe. Its judicial culture — shaped by legal doctrine, court magistrates, civic rulers, and administrators of civic institutions — determined which misdeeds were considered crimes, and which were not.
According to legal historians, the law and criminal justice in Italy were essentially masculine until the twentieth century. It is known that gender differences could arise from biased criminal procedures. Underneath these low shares of women among indicted crimes lay a hidden iceberg of misbehaviour and judicial activity.
While the communal textures of everyday life was conducive to chronic violence among most premodern Western societies, antico regime Italy has been described as particularly violent. However, a closer scrutiny of the Bolognese records will reveal that violent encounters featured prominently in the lives of both sexes. The court records reveal that this did not mean that women refrained from responding violently to challenges, but they merely did so at different rates, and perhaps under different circumstances.
These extensive peacemaking practices reveal ways in which women tried to advance their positions, while also contributing towards their relative invisibility among recorded crime in early modern Italy. The integral role of reconciliation and conflict resolution for the functioning of early modern Italian criminal courts is widely recognised, though its impact on the everyday lives and scope of action of women have rarely been taken into account, whether as defendants or plaintiffs.
Female victims did not necessarily seek out litigation to pursue their complaints to a full criminal trial, but instead used the criminal tribunal as a public and socially sanctioned forum in which to air grievances, spread shame, exert pressure, and to enhance their social bargaining power in extrajudicial conflict resolution. The city of Bologna offers a fruitful setting for an analysis of these gender dynamics in crime and criminal justice. Although Bologna cannot be said to represent a typical Italian city, neither was it as unusual as some others.
As a provincial capital, Bologna was the second largest city in the Papal States after Rome and served as an important economic, cultural and administrative centre for both the city itself and its surrounding 4, square kilometres of surrounding countryside. The principal period under investigation in this book is the mid-seventeenth to the mid-eighteenth century. This secular criminal court was established in around , following the annexation of Bologna to the Papal States, and was dissolved in after the French invasion.
Both these serious crimes and misdemeanours left a significant trail of judicial paper. Not all of the sources once in existence have survived the passing of time: the peacemaking and surety books, the monthly reports on the income notaries received for their work, as well as the dedicated sentence books have for example been lost. It is estimated that approximately 11, registers from the early modern period survive, consisting of about a million criminal cases.
The archive of the Torrone consists of different types of sources. Each year, the criminal court produced records for between 2, and 3, denunciations — the initial complaint about a crime to a local official of the court — and some to processi , which were formal investigation dossiers. It does not only allow us to shed light on the involvement of men and women in a wider variety of crimes, but also enables the scrutiny of the diverging priorities of plaintiffs and the authorities and, consequently, on gender biases ingrained in the judicial system.
The cases collected from the Bolognese criminal court do not necessarily represent all of criminality among a population. Court records were by no means neutral and objective sources. In theory, the court notary was bound to record verbatim everything that the plaintiffs, suspects and witnesses said and did.
While some scholars would argue that individuals retained very distinct and personal voices in the early modern Italian court papers, these sources were at the same time also clearly a product of the court. Natalie Zemon Davis and others have convincingly argued that these men and women always, in some measure, strategically constructed their narratives according to rules of both legal and cultural rhetoric. On the one hand they are viewed as being the products of an apparatus of top-down control by the authorities.
References to prior conflicts between plaintiffs and defendants about filing complaints with the court as well as the prevalence of renunciations — suggestive of extrajudicial settlements — speak volumes in this regard. Several previously mentioned analytical concepts require further clarification. The term crime is thus used rather loosely as any action that was deemed injurious and resulted in a complaint or denunciation to the criminal court. Because of the current state of scholarship, the focus of this book is first and foremost on investigating and weighing the scope of action of women in an early modern Italian town.
However, because male and female should be seen as interconnected categories within social hierarchies, power relations and ideology, women are always studied in relation to men. To this day, this idea of subordination looms large in the history of early modern Italian women, who, based on the prescriptive sources alone, could be depicted as propertyless dependents, lacking full legal personhood as well as most institutional authority, and who were furthermore often enclosed either in their homes or religious or civic institutions.
Agency here is then used not to assume anachronistic gender equality, female liberty or the successful completion of conscious intentions.
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This is a book that provides both the theoretical justification for its approach and the practical demonstration of its worth, and it deserves a very wide readership. Those who read it Beattie, The Historian. Acknowledgements; List of abbreviations; Introduction; Part I. Sources: 1. Trial records; 2.
Cambridge Core - European History - Crime and Justice in Late Medieval Trevor Dean, Roehampton University, London PDF; Export citation.
Comitatus: A Journal of Medieval and Renaissance Studies
The crime and justice museum in Rothenburg o d T has some riveting displays of ancient tools of punishment and shaming However, the top floor seemed to be mostly about the details of the medieval European legal system One could perhaps give that a pass and not miss much of. The late Justice Stone, speaking for the Court, said: " From the very beginning of its history this Court has applied the law of war as including that part of the law of nations which prescribes for the conduct of war the status, rights and duties of enemy nations as well as enemy individuals ". CHOICE Outstanding Academic Title Law, Crime and Deviance since explores the potential for the 'micro-study' approach to the history of crime and legal history A selection of in-depth narrative micro-studies are featured to illustrate specific issues associated with the theme of crime and the law in historical context The methodology used unpacks the wider historiographical and. Law, Crime and Deviance since Micro-Studies in the.
We benefited greatly from the perspectives and ideas offered by all those who contributed to that conference. Many have understood change in the context of a wider civilising process. In this view, as the state became more active in prosecuting violence through the courts, as interdependence among individuals increased with the development of new economic relationships, and as new ideas concerning appropriate behaviour spread from the elite, individuals became less likely to resort to violence to resolve conflicts.
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Crime And Justice In Late Medieval Italy
Her essay is an introduction to the gendered dynamics of these highly-formalized letters and the power dynamics they create and reveal. At once a survey of recent works that define the Middle Ages from the Renaissance, a close reading of the self in Petrarch, and a reworking of the erotic in relation to translatio as not an agent of, but a descriptor of, social and cultural change. With more coherence and chapter-to-chapter interplay than even some single-author works, Dead Lovers, in particular, should best be enjoyed not only for the minutiae of its observations , but also as a complete work that happens to be written by several collaborators.
Barbara A. Hanawalt, Trevor Dean. Crime and Justice in Late Medieval Italy. New York: Cambridge University Press. Studying the history of crime in medieval Italy poses problems that are less apparent in countries with royal governments where the judicial system was more centralized and the standards for what constituted a crime were more generally accepted. Italy, with its many cities and city-states and its varying types of government and law enforcement procedures, presents a considerable challenge. Trevor Dean has undertaken to write a broad survey suggesting various sources that are available for the study of crime and providing examples of the complexity of interpreting these sources.
Трудно даже поверить, подумал Беккер, что после всех выпавших на его долю злоключений он вернулся туда, откуда начал поиски. Чего же он ждет. Он засмеялся. Ведь пилот может радировать Стратмору. Усмехнувшись, Беккер еще раз посмотрелся в зеркало и поправил узел галстука. Он уже собрался идти, как что-то в зеркале бросилось ему в. Он повернулся: из полуоткрытой двери в кабинку торчала сумка Меган.
Request PDF | On Oct 1, , Thomas Kuehn published Trevor Dean, Crime and Justice in Late Medieval Italy. Cambridge, Eng., and New.
Казалось, эта туша собирается что-то сказать, но не может подобрать слов. Его нижняя губа на мгновение оттопырилась, но заговорил он не. Слова, сорвавшиеся с его языка, были определенно произнесены на английском, но настолько искажены сильным немецким акцентом, что их смысл не сразу дошел до Беккера. - Проваливай и умри. Дэвид даже вздрогнул от неожиданности.
Веспа внезапно взбодрилась. Под колесами быстро побежала авеню Луис Монтоно. Слева остался футбольный стадион, впереди не было ни одной машины. Тут он услышал знакомый металлический скрежет и, подняв глаза, увидел такси, спускавшееся вниз по пандусу в сотне метров впереди. Съехав на эту же улицу, оно начало набирать скорость, двигаясь прямо в лоб мотоциклу. Он должен был бы удариться в панику, но этого не произошло: он точно знал, куда держит путь. Свернув влево, на Менендес-пелайо, он прибавил газу.
- Поверь .
Свернув влево, на Менендес-пелайо, он прибавил газу. Мотоцикл пересек крохотный парк и выкатил на булыжную мостовую Матеус-Гаго - узенькую улицу с односторонним движением, ведущую к порталу Баррио - Санта-Крус. Еще чуть-чуть, подумал. Такси следовало за Беккером, с ревом сокращая скорость.
ГЛАВА 3 Вольво Сьюзан замер в тени высоченного четырехметрового забора с протянутой поверху колючей проволокой. Молодой охранник положил руку на крышу машины. - Пожалуйста, ваше удостоверение.
Но если он посмотрит на монитор и увидит в окне отсчета значение семнадцать часов, то, будьте уверены, не промолчит. Стратмор задумался. - С какой стати он должен на него смотреть? - спросил .