Sanctuary And Crime In The Middle Ages 400 1500

Sanctuary and Crime rethinks the history of sanctuary protections in the Western legal tradition. Until the sixteenth century, every major medieval legal tradition afforded protections to fugitive criminals who took sanctuary in churches. Sanctuary-seeking criminals might have been required to perform penance or go into exile, but they were guaranteed, at least in principle, immunity from corporal and capital punishment. In the sixteenth century, sanctuary protections were abolished throughout Europe, uprooting an ancient tradition and raising a new set of juridical arguments about law, crime and the power to punish. Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control, but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. This book seeks to integrate the history of sanctuary law with the history of criminal law in medieval Europe. It does so by first situating sanctuary law within the early Christian traditions of intercession and penance as well as late-imperial Roman law. The book then traces the transmission of Romano-Christian sanctuary legislation into the feuding traditions of early medieval Europe, showing how sanctuary law was an important emblem of Christian kingship and was integrated into a broad range of social, legal, ecclesiastical and political practices. By the late twelfth-century, sanctuary had been domesticated within the procedures of royal law in England. Unmoored from its taproots in penitential and intercessory practices, sanctuary became a central feature of the emergent law of felony in the early English common law. While sanctuary was widely recognized throughout late medieval Europe, medieval English records provide rich accounts of sanctuary in everyday medieval life and the book reflects the prominence of the English sources. The book concludes by examining the legal arguments in both English and Roman-canonical legal traditions that led to the restriction and abolition of sanctuary privileges in the sixteenth-century and which ushered in a new age of criminal law grounded in deterrence and a state-centered view of punishment and social control.

Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime in the Middle Ages, 400-1500 argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. --

What is the difference between a stabbing in a tavern in London and one in a hostelry in the South of France? What happens when a spinster living in Paris finds knight in her bedroom wanting to marry her? Why was there a crime wave following the Black Death? From Aberdeen to Cracow and from Stockholm to Sardinia, Trevor Dean ranges widely throughout medieval Europe in this exiting and innovative history of lawlessness and criminal justice. Drawing on the real-life stories of ordinary men and women who often found themselves at the sharp end of the law, he shows how it was often one rule for the rich and another for the poor in a tangled web of judicial corruption.

This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.

Seeking Sanctuary explores a curious aspect of premodern English law: the right of felons to shelter in a church or ecclesiastical precinct, remaining safe from arrest and trial in the king's courts. This is the first volume in more than a century to examine sanctuary in England in the fifteenth and sixteenth centuries. Looking anew at this subject challenges the prevailing assumptions in the scholarship that this 'medieval' practice had become outmoded and little-used by the fifteenth and sixteenth centuries. Although for decades after 1400 sanctuary-seeking was indeed fairly rare, the evidence in the legal records shows the numbers of felons seeing refuge in churches began to climb again in the late fifteenth century and reached its peak in the period between 1525 and 1535. Sanctuary was not so much a medieval practice accidentally surviving into the early modern era, as it was an organism that had continued to evolve and adapt to new environments and indeed flourished in its adapted state. Sanctuary suited the early Tudor regime: it intersected with rapidly developing ideas about jurisdiction and provided a means of mitigating the harsh capital penalties of the English law of felony that was useful not only to felons but also to the crown and the political elite. Sanctuary's resurgence after 1480 means we need to rethink how sanctuary worked, and to reconsider more broadly the intersections of culture, law, politics, and religion in the years between 1400 and 1550.

Recognizing the radical disparity between migration/border policy and constitutional law “inside these borders,” Kathleen R. Arnold focuses on two main forms of migrant protest to explore the meaning of resistance in a sovereign context: self-harming protest by detainees and faith-based sanctuary of individuals scheduled for detention. This activism creates a “democratic state of exception,” interrupting the legal process, altering discretionary forms of sovereign power, and enacting rights not formally granted; these efforts go beyond the assertion of liberal rights or merely restoring the rule of law (even if these are also goals), challenging the warfare state while constituting a demos that is formally illegible. Migrant Protest and Democratic States of Exception will be of interest to scholars, migrant advocacy professionals (including INGO and IGO officers), graduate students, and advanced undergraduate students in a variety of fields from legal studies to forced migration and refugee studies, political science, human rights, protest history, and contemporary movements.

This book explores the history and evolution of sanctuary and asylum as a legal concept including treaties, laws, and court rulings by major geographic areas around the world, influences of Hebrew [Old Testament], classical sanctuary theory and practices, the Koran, and other Islamic-Arab regional accords and conventions. The authors' approach is well cited and suitable for those who want a good starting point for further study. Included in the book are chapters on the following topics: Sanctuary and Asylum, Jewish View of Asylum, Asylum History, Asylum in France, Asylum: History, Asylum in France, Asylum in Great Britain, Asylum in Germany, Asylum: Islamic Law, Asylum in International Treaties, Asylum in International Relations, Asylum in the United States, Asylum in the European Community, Asylum in Latin America, Asylum in Sub-Saharan Africa.

Jews and Crime in Medieval Europe is a topic laced by prejudice on one hand and apologetics on the other. Beginning in the Middle Ages, Jews were often portrayed as criminals driven by greed. While these accusations were, for the most part, unfounded, in other cases criminal accusations against Jews were not altogether baseless. Drawing on a variety of legal, liturgical, literary, and archival sources, Ephraim Shoham-Steiner examines the reasons for the involvement in crime, the social profile of Jews who performed crimes, and the ways and mechanisms employed by the legal and communal body to deal with Jewish criminals and with crimes committed by Jews. A society’s attitude toward individuals identified as criminals—by others or themselves—can serve as a window into that society’s mores and provide insight into how transgressors understood themselves and society’s attitudes toward them. The book is divided into three main sections. In the first section, Shoham-Steiner examines theft and crimes of a financial nature. In the second section, he discusses physical violence and murder, most importantly among Jews but also incidents when Jews attacked others and cases in which Jews asked non-Jews to commit violence against fellow Jews. In the third section, Shoham-Steiner approaches the role of women in crime and explores the gender differences, surveying the nature of the crimes involving women both as perpetrators and as victims, as well as the reaction to their involvement in criminal activities among medieval European Jews. While the study of crime and social attitudes toward criminals is firmly established in the social sciences, the history of crime and of social attitudes toward crime and criminals is relatively new, especially in the field of medieval studies and all the more so in medieval Jewish studies. Jews and Crime in Medieval Europe blazes a new path for unearthing daily life history from extremely recalcitrant sources. The intended readership goes beyond scholars and students of medieval Jewish studies, medieval European history, and crime in pre-modern society.