Crime And Punishment In Early Modern Europe

A magisterial account of criminal law in early modern Russia in a wider European and Eurasian context.

All societies are constructed, based on specific rules, norms, and laws. Hence, all ethics and morality are predicated on perceived right or wrong behavior, and much of human culture proves to be the result of a larger discourse on vices and virtues, transgression and ideals, right and wrong. The topics covered in this volume, addressing fundamental concerns of the premodern world, deal with allegedly criminal, or simply wrong behavior which demanded punishment. Sometimes this affected whole groups of people, such as the innocently persecuted Jews, sometimes individuals, such as violent and evil princes. The issue at stake here embraces all of society since it can only survive if a general framework is observed that is based in some way on justice and peace. But literature and the visual arts provide many examples of open and public protests against wrongdoings, ill-conceived ideas and concepts, and stark crimes, such as theft, rape, and murder. In fact, poetic statements or paintings could carry significant potentials against those who deliberately transgressed moral and ethical norms, or who even targeted themselves.

With the growth of printing in early modern Germany, crime quickly became a subject of wide public discourse. Sensational crime reports, often featuring multiple murders within families, proliferated as authors probed horrific events for religious meaning. Coinciding with heightened witch panics and economic crisis, the spike in crime fears revealed a continuum between fears of the occult and more mundane dangers. In Crime and Culture in Early Modern Germany, Joy Wiltenburg explores the beginnings of crime sensationalism from the early sixteenth century into the seventeenth century and beyond. Comparing the depictions of crime in popular publications with those in archival records, legal discourse, and imaginative literature, Wiltenburg highlights key social anxieties and analyzes how crime texts worked to shape public perceptions and mentalities. Reports regularly featured familial destruction, flawed economic relations, and the apocalyptic thinking of Protestant clergy. Wiltenburg examines how such literature expressed and shaped cultural attitudes while at the same time reinforcing governmental authority. She also shows how the emotional inflections of crime stories influenced the growth of early modern public discourse, so often conceived in terms of rational exchange of ideas.

Frankfurt am Main, in common with other imperial German cities, enjoyed a large degree of legal autonomy during the early modern period, and produced a unique and rich body of criminal archives. In particular, Frankfurt’s Strafenbuch, which records all criminal sentences between 1562 and 1696, provides a fascinating insight into contemporary penal trends. Drawing on this and other rich resources, Dr. Boes reveals shifting and fluid attitudes towards crime and punishment and how these were conditioned by issues of gender, class, and social standing within the city’s establishment. She attributes a significant role in this process to the steady proliferation of municipal advocates, jurists trained in Roman Law, who wielded growing legal and penal prerogatives. Over the course of the book, it is demonstrated how the courts took an increasingly hard line with select groups of people accused of criminal behavior, and the open manner with which advocates exercised cultural, religious, racial, gender, and sexual-orientation repressions. Parallel with this, however, is identified a trend of marked leniency towards soldiers who enjoyed an increasingly privileged place within the judicial system. In light of this discrepancy between the treatment of civilians and soldiers, the advocates’ actions highlight the emergence and spread of a distinct military judicial culture and Frankfurt’s city council’s contribution to the quasi-militarization of a civilian court. By highlighting the polarized and changing ways the courts dealt with civilian and military criminals, a fuller picture is presented not just of Frankfurt’s sentencing and penal practices, but of broader attitudes within early modern Germany to issues of social position and cultural identity.

A study of the crimes of women in early modern Germany, this text draws on court records to examine the lives of shrewd cutpurses, quarrelling artisan wives, and soldiers' concubines.

A broad-ranging survey of violence in western Europe from the Reformation to the French Revolution. Julius Ruff summarises a huge body of research and provides readers with a clear, accessible, and engaging introduction to the topic of violence in early modern Europe. His book, enriched with fascinating illustrations, underlines the fact that modern preoccupations with the problem of violence are not unique, and that late medieval and early modern European societies produced levels of violence that may have exceeded those in the most violent modern inner-city neighbourhoods. Julius Ruff examines the role of the emerging state in controlling violence; the roots and forms of the period's widespread interpersonal violence; violence and its impact on women; infanticide; and rioting. This book, in the successful textbook series New Approaches to European History, will be of great value to students of European history, criminal justice sciences, and anthropology.

This is a magisterial account of the day-to-day practice of Russian criminal justice in the seventeenth and early eighteenth centuries. Nancy Kollmann contrasts Russian written law with its pragmatic application by local judges, arguing that this combination of formal law and legal institutions with informal, flexible practice contributed to the country's social and political stability. She also places Russian developments in the broader context of early modern European state-building strategies of governance and legal practice. She compares Russia's rituals of execution to the 'spectacles of suffering' of contemporary European capital punishment and uncovers the dramatic ways in which even the tsar himself, complying with Moscow's ideologies of legitimacy, bent to the moral economy of the crowd in moments of uprising. Throughout, the book assesses how criminal legal practice used violence strategically, administering horrific punishments in some cases and in others accommodating with local communities and popular concepts of justice.