Legal historians. You know who you are.
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Sara Margaret Butler deposited “Even a Compensation Culture has its Limits: Arbitrating Homicide in Fifteenth-Century England.” in the group
Legal history on Humanities Commons 4 months, 1 week ago
Historians have long argued that arbitration was the preferred means of
resolution for most disputes in later medieval England; but does this apply
also to the settlement of homicides? Despite the strenuous efforts of the
English legal system after the Norman Conquest to force homicides through
the royal courts, historians have argued that…[Read more] -
Andreas Wagner started the topic Workshop (Nov) on developing classification schemes for legal ordinances in the discussion
Legal history on Humanities Commons 2 years, 1 month ago
We are a group of persons and projects interested in developing interoperable data models for historical decrees, ordinances and other legal regulations. In November, we will hold a virtual workshop to discuss the development of a classification scheme for the subject matters regulated in such norms.
More concretely, we will meet on
- Friday, 5…
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Andreas Wagner started the topic Conference "Digital Methods and Resources in Legal History #dlh2021", March 1-5 in the discussion
Legal history on Humanities Commons 2 years, 9 months ago
I should have posted this much earlier here, but registration is still open. Beginning today at 15:30 UTC, and going on throughout this week, we are hosting a virtual conference on digital legal history.
Programme, book of abstracts, and other details can be found at https://www.rg.mpg.de/dlh2021.
Admission is free of charge and registration is…[Read more]
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Sara Margaret Butler deposited “Women, Suicide, and the Jury in Later Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
In the year 1397 in the parish of Tuttington (Norfolk), a woman whose name is lost to history, frantic to rid herself of the evil spirit that possessed her, turned to suicide. She attempted first to hang herself, but her husband discovered her while life remained in her body, cut down the rope, and comforted her. A few weeks later she tried once…[Read more]
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Sara Margaret Butler deposited “Lies, Damned Lies, and the Life of Saint Lucy: Three Cases of Judicial Separation from the Late Medieval Court of York.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
An examination of three cases of judicial separation from the late medieval court of York.
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Sara Margaret Butler deposited “Spousal Abuse in Fourteenth-century Yorkshire: What can we learn from the Coroners’ Rolls?” in the group
Legal history on Humanities Commons 3 years, 4 months ago
Since the publication of Philippe Aries’ Centuries of Childhood in the early 1960’s, historians of the family have been intrigued by the prospect of a history of change in familial sentiment. 1 Aries’ study of attitudes about children from the Middle Ages to the eighteenth century, based primarily on art and material evidence, demonstrates…[Read more]
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Sara Margaret Butler deposited “‘I will never consent to be wedded with you!’: Coerced Marriage in the Courts of Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
This paper asks us to rethink the boundaries between consent and coercion in medieval England. From gentle persuasion to threats and abuse, coercion was a part of the courtship process. Although late medieval society expected parents to play an active, even heavy-handed, role in matchmaking, the English church recognized the possibility that…[Read more]
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Sara Margaret Butler deposited “The Law as a Weapon in Marital Disputes: Evidence from the Late Medieval Court of Chancery, 1424- 1529.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
When Isabelle, widow of Richard Vergeons, commissioned the writing of a bill of complaint to Chancery at the end of the fifteenth century, she was clearly at the end of her tether. Six months before the writing of the petition, the wife of Thomas Hyll, a wire monger of London, approached the petitioner’s husband, begging for ‘‘secour and saufg…[Read more]
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Sara Margaret Butler deposited “Abortion by Assault: Violence against Pregnant Women in Thirteenth- and Fourteenth-century England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
According to medieval common law, assault against a pregnant woman causing miscarriage after the fi rst trimester was homicide. Some scholars have argued, however, that in practice English jurors refused to acknowledge assaults of this nature as homicide. The underlying argument is that because abortion by assault is a crime against women, male…[Read more]
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Sara Margaret Butler deposited “Degrees of Culpability: Suicide Verdicts, Mercy, and the Jury in Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
Sunday, January 23, 1390 was a day that Ralph Peioun of Wotton (Lincs.) and his wife most likely never forgot. On this day, their one-year-old son, Richard, presumably curious and headstrong like most young toddlers his age, made an unfortunate choice of playthings when he picked up a pair of shears and wounded himself in the throat, a fatal…[Read more]
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Sara Margaret Butler deposited “Local Concerns: Suicide and Jury Behavior in Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
When confronted with cases of self-killing, medieval jurors had to contend with a vast array of often conflicting concerns, from religious and folkloric condemnations of the act of suicide, to fears for the welfare of the family of the dead, and to coping with royal confiscations of a felon’s goods. All of these factors had a profound impact on t…[Read more]
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Sara Margaret Butler deposited “Runaway Wives: Husband Desertion in Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
Scholars of the medieval family would generally agree that the lot of the medieval wife was not an easy one. Medieval husbands held the upper hand in the power relationship, both legally and socially. Although Lawrence Stone’s view of niarried life in the Middle Ages as “brutal and often hostile, with little communication, [and] much wife-beating”…[Read more]
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Sara Margaret Butler deposited “Cultures of Suicide? Regionalism and Suicide Verdicts in Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
The use of the term “community” in historical studies continues to present problems for many medievalists. Myriad studies have emphasized the inadequacy of the term when describing medieval society. Microstudies of manors and villages, especially in the English context, by historians Barbara A. Hanawalt, J. Ambrose Raftis, and Sherri Olson (am…[Read more]
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Sara Margaret Butler deposited “A Case of Indifference? Child Murder in Later Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
Art historian Barbara Kellum’s 1973 article on child murder in medieval England paints a picture of a world replete with ruthless and murderous single mothers who escaped the legal consequences of their actions due to an indifferent court system that chose to turn a blind eye to the deaths of young children. Despite the overstated tone of her w…[Read more]
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Sara Margaret Butler deposited “Representing the Middle Ages: The Insanity Defense in Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
The history of homicidal insanity in the courts of law of medieval England.
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Sara Margaret Butler deposited “Medicine on Trial: Regulating the Health Professions in Later Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
Given the hurdles one faced in trying to stay healthy in later medieval England, it should come as no surprise that the medieval English placed a premium on competent medicine. As Carole Rawcliffe has argued, “medieval life was beset by constant threats to health arising from poor diet (at both ends of the social spectrum), low levels of h…[Read more]
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Sara Margaret Butler deposited Sacred People, Sacred Spaces: Evidence of Parish Respect and Contempt for the pre-Reformation Clergy.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
Conflicts between parish clergy and parishioners in late medieval England have been described as acts of both anticlericalism and proclericalism (that is, an attempt to compel clergy into living up to the parishioners’ increasingly high expectations of them). This paper hopes to expand our knowledge of parish conflict by turning to an o…[Read more]
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Sara Margaret Butler deposited “More than Mothers: Juries of Matrons and Pleas of the Belly in Medieval England.” in the group
Legal history on Humanities Commons 3 years, 4 months ago
With regard to English common law, medieval women were able to participate in the curial process in only a limited way. This is not true of women as defendants: women could be sued for almost any civil or criminal plaint, but their privileges as plaintiffs were broadly curtailed by marital status and cultural expectation. The legal fiction of…[Read more]
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Sara Margaret Butler deposited ABORTION MEDIEVAL STYLE? ASSAULTS ON PREGNANT WOMEN IN LATER MEDIEVAL ENGLAND in the group
Legal history on Humanities Commons 3 years, 4 months ago
In the year 1304, Matilda Bonamy of Guernsey, a young woman from one of the Anglo-Norman island’smost established and affluent families, found herself in a predicament familiar to many of today’s youth. A liaison with Jordan Clouet, also from a family of long provenance in Guernsey if not as comfortable, had left her pregnant. To Matilda the sol…[Read more]
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Rebecca Ruth Gould deposited “Words That Offend Vs. Actions That Harm – Antisemitism, Racism, Islamophobia with Rebecca Gould,” Just Thinking Out Loud (podcast + video interview) in the group
Legal history on Humanities Commons 4 years, 4 months ago
Is there a dichotomy between tolerance and free speech? A discussion on free speech, hate crimes, and tolerance within the context of antisemitism, Islamophobia, and racism, along with the debate within the UK around the governmental definitions for these forms of bigotry.
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