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judicial evidence
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Journal Article
Journal of Medieval and Early Modern Studies (2015) 45 (1): 103–130.
Published: 01 January 2015
... of the judicial process, eventually adopting the view that it was possible to convict an individual on the basis of indicia indubitata (compelling circumstantial evidence) alone. Attitudes about the body and torture in the sixteenth century must be examined in relation to a broad range of medical, theological...
Journal Article
Journal of Medieval and Early Modern Studies (2020) 50 (2): 293–321.
Published: 01 May 2020
... venue. This article concentrates on textual descriptions of such sights in order to propose that the head was not simply a byproduct of the premodern state’s judicial cruelty or merely evidence of the deceased’s damnation; rather, the displayed head was a visual phenomenon in its own right, one...
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 1–7.
Published: 01 January 2024
... criminal trials physiognomy readings of the body judicial evidence If our faces were not similar, we could not distinguish man from beast: if they were not dissimilar, we could not distinguish man from man. —Michel de Montaigne, “Of Experience” From the earliest days of civilization...
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 137–163.
Published: 01 January 2024
... hidden inner dispositions of the person under interrogation, giving the judge insight into the accused's “interior workings.” So strong were these signs that if joined with other evidence, they could justify the passage to judicial torture to obtain confession. Le Brun de la Rochette's insistence...
FIGURES
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 33–56.
Published: 01 January 2024
... impact not only on courtroom procedure—perhaps even reducing the frequency of judicial torture—but also on the eventual development of probability theory. 56 It seems possible, though I have not yet been able to establish definitive evidence for this, that they may have been influenced by Casoni's...
FIGURES
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 113–135.
Published: 01 January 2024
... a trail of little unequivocal evidence. The final stage and heart of the inquisitorial process was confession, because only then could a person's true identity be revealed. Lyndal Roper has suggested that the judicial process, through the application of pain, was designed to strip away the diabolic...
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 9–32.
Published: 01 January 2024
.... As an aspect of judicial procedure, physiognomy supplied a critical tool that allowed jurists and judges in court to ground their judgment of a defendant's body when assessing the likelihood of whether the accused committed a crime. The importance of direct observation for della Porta is crucial...
Journal Article
Journal of Medieval and Early Modern Studies (2020) 50 (2): 349–375.
Published: 01 May 2020
... interrogation records or judicial manuals. In the case of Margareth Los, we have the account of a survivor. The detailed descrip- tion of the torture she endured is haunting. It is all the more remarkable that she had the strength to bring her case before the Reichskammergericht, the highest court of justice...
Journal Article
Journal of Medieval and Early Modern Studies (2015) 45 (1): 7–52.
Published: 01 January 2015
... that death would have a dual mean-
ing — it was indeed the judicial execution of that criminal “old man.” But
comforters also fashioned it as potentially the martyrdom of the “new man,”
the convert and confratello, who like the good thief Dismas crucified next to
Christ could enter directly...
Journal Article
Journal of Medieval and Early Modern Studies (2020) 50 (1): 161–180.
Published: 01 January 2020
... reviewers) concerning their own reading practices real, imagined, or idealized. In reading through even a small number of reviews in the WWiR collection, it becomes evident that the authors of these texts position themselves at the outset as operating in the service of readers who have too much to read...
Journal Article
Journal of Medieval and Early Modern Studies (2002) 32 (2): 327–342.
Published: 01 May 2002
... the literary contest. The Grands Jours was a judicial system
that brought the Parlement of Paris’s rhetoric and legal process to cities
throughout the kingdom that did not enjoy the privilege of a parlement. In
the wake of a Protestant uprising in Poitiers, which led to harsh royal retal-
iation and siege...
Journal Article
Journal of Medieval and Early Modern Studies (2016) 46 (1): 89–115.
Published: 01 January 2016
... between judicial and penal procedures and the medicalized body. Across Caulier's successive interventions in the querelle , medical language at first complements then ultimately supplants juridical discourse. Unlike the “punitive” metaphors identified by Susan Sontag, medicalized language empowers...
Journal Article
Journal of Medieval and Early Modern Studies (2015) 45 (1): 53–77.
Published: 01 January 2015
...
opened his inquiry with the following question: “Does killing oneself to
avoid the loss of liberty or seeing the patria enslaved come from greatness of
soul or cowardice? Is it laudable or not?”15 While this judicious historian did
not arrive at a definitive conclusion, he astutely marshaled core...
Journal Article
Journal of Medieval and Early Modern Studies (2016) 46 (3): 545–554.
Published: 01 September 2016
... aspects of the
late medieval church about which he knows very well (e.g., the introduction
of judicial torture in the thirteenth century in pursuit of heretics, or the
development and promotion of papal absolutism from the beginning of the
same century).4 The Albigensian Crusade squeaks a mention...
Journal Article
Journal of Medieval and Early Modern Studies (2017) 47 (1): 167–192.
Published: 01 January 2017
... the Chinese community,” declared the notices’ creators. They went
on to enumerate particular grievances and pledged to present formal accu-
sations against don Juan Felipe as part of the upcoming residencia, the
customary judicial review of the outgoing governor-general. Underlying
the complaints, one...
Journal Article
Journal of Medieval and Early Modern Studies (2021) 51 (2): 193–214.
Published: 01 May 2021
..., and hence the legitimacy of her canonization. The Epistola is the first late medieval treatise to establish discretio spirituum as a method to produce evidence in canonization proceedings. Other clerics writing on discernment, to be sure, were associated with the public trials of female visionaries...
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 89–111.
Published: 01 January 2024
..., and yet they were linked with and responded to each other in complex and interesting ways. [email protected] Copyright © 2024 by Duke University Press 2024 early modern legal judgment moral theology Augustine belief physical evidence Examining the intellectual, cultural...
Journal Article
Journal of Medieval and Early Modern Studies (2020) 50 (1): 139–159.
Published: 01 January 2020
..., rather than on how it was not, means more than simply disproving the absence of evidence. Rather, it sheds light on questions about the reception of Renaissance literature (beyond Shakespeare) in this period, the generic relationship between the romance and the novel, and the way that individual readers...
Journal Article
Journal of Medieval and Early Modern Studies (2021) 51 (2): 241–262.
Published: 01 May 2021
..., focuses in intriguing ways on the actions and nonactions of the veil when the icon presided over a judicial trial. The article contends that Psellos insists on the theme of timing (with regard to the lifting and otherwise of the veil) and the Blachernae icon's role in determining a critical, decisive...
Journal Article
Journal of Medieval and Early Modern Studies (2012) 42 (3): 635–655.
Published: 01 September 2012
... and judiciously with them, in a bid to revive
her husband’s flagging fortunes. She similarly provided Hyde with advice,
assuring him of Mordaunt’s continuing efforts for the king, and petitioning
on behalf of their kin and clients.5 Likewise the wife of Francis, Baron Wil-
loughby of Parham, a former...
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