Medieval Public Justice

In a series of essays based on surviving documents of actual court practices from Perugia and Bologna, as well as laws, statutes, and theoretical works from the 12th and 13th centuries, Massimo Vallerani offers important historical insights into the establishment of a trial-based public justice system.

This collection of essays offers a unique contribution to the study of violence and justice in a late medieval and early modern Italy by combining a multivocal perspective with a case-study focus on the city-state of Bologna. Drawing on the city’s singularly rich archival resources, the authors explore various facets of violence—ranging from the interpersonal to the less frequently studied typologies of blasphemy, rape, political rebellion, and student brawls—and set the institutions of the police and law courts into their socio-political and cultural contexts. They also apply a broad variety of quantitative and qualitative approaches—processual, microhistorical, legalism, comparative and criminological—to their assessments of the procedures and practices of criminal justice and the experiences of violent behavior, providing both short-term, in-depth analyses of specific events and over-arching reviews of long-term trends. Bologna itself, with its renowned university, economic innovations, strategic importance as a commercial and cultural crossroads, its political volatility and experiments with diverse constitutional structures, provides a rewarding laboratory for analyzing changes and continuities in late medieval and early modern violence and justice. From these studies emerges a narrative that challenges the traditional portrayal of those periods as eras when brutality and rage were “normal” in social relations and criminal justice was characterized mainly by punitive strategies of torture and repression.

In "Public Justice and the Criminal Trial in Late Medieval Italy," Joanna Carraway Vitiello considers the criminal trial at the end of the fourteenth century, and its function as a vehicle for dispute resolution and for prosecution in the public interest.

In Public Justice and the Criminal Trial in Late Medieval Italy: Reggio Emilia in the Visconti Age, Joanna Carraway Vitiello examines the criminal trial at the end of the fourteenth century. Inquisition procedure, in which a powerful judge largely controlled the trial process, was in regular use in the criminal court at Reggio. Yet during the period considered in this study, technical procedural developments combined with the political realities of the town to create a system of justice that prosecuted crime but also encouraged dispute resolution. Following the stages of the process, including investigation, denunciation, the weighing of evidence, and the verdict, this study investigates the court’s complex role as a vehicle for both personal justice and prosecution in the public interest.

A primer on medieval justice, this book focuses on France, Germany and England and covers the thousand years between the transformation of the Roman world in Western Europe, which took place around the 4th and 5th centuries, and the European Renaissance of the 14th and 15th centuries. It highlights key elements in the intricate, overlapping legal systems of the Middle Ages and describes a wide range of contemporary laws and cases. A discussion of the modern legacies of medieval law is included, as are a brief overview of the Inquisition, the 27 articles of Joan of Arc and useful commentary on many other topics. Illustrations range from the earliest known depictions of English courts and illuminations of torture to pictures of important sites, events, and instruments of punishment in medieval law.

This is a study of two topics of central importance in late medieval history: the impact of war, and the control of disorder. Making war and making law were the twin goals of the state, and the author examines the effect of the evolution of royal government in England and France. Ranging broadly between 1000 and 1400, he focuses principally on the period c.1290 to c.1360, and compares developments in the two countries in four related areas: the economic and political costs of war; the development of royal justice; the crown's attempt to control private violence; and the relationship between public opinion and government action. He argues that as France suffered near breakdown under repeated English invasions, the authority of the crown became more acceptable to the internal warring factions; whereas the English monarchy, unable to meet the expectations for internal order which arose partly from its own ambitious claims to be 'keeper of the peace', had to devolve much of its judicial powers. In these linked problems of war, justice, and public order may lie the origins of English 'constitutionalism' and French 'absolutism'.

Abortion. Physician-assisted suicide. Same-sex marriages. Embryonic stem-cell research. Poverty. Crime. What is a faithful Christian response? The God of the Bible is unquestionably a God of justice. Yet Christians have had their differences as to how human government and the church should bring about a just social order. Although Christians share many deep and significant theological convictions, differences that threaten to divide them have often surrounded the matter of how the church collectively and Christians individually ought to engage the public square. What is the mission of the church? What is the purpose of human government? How ought they to be related to each other? How should social injustice be redressed? The five noted contributors to this volume answer these questions from within their distinctive Christian theological traditions, as well as responding to the other four positions. Through the presentations and ensuing dialogue we come to see more clearly what the differences are, where their positions overlap and why they diverge. The contributors and the positions taken include Clarke E. Cochran: A Catholic Perspective Derek H. Davis: A Classical Separation Perspective Ronald J. Sider: An Anabaptist Perspective Corwin F. Smidt: A Principled Pluralist Perspective J. Philip Wogaman: A Social Justice Perspective This book will be instructive for anyone seeking to grasp the major Christian alternatives and desiring to pursue a faithful corporate and individual response to the social issues that face us.

An analysis of the cultural and social functions of law, legal processes and legal rituals in late medieval northern France. It interprets the various influences upon the shaping of law as a cultural manifestation and its application as an actual system of justice.