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Journal Article
The Art of Conjecture: A Window into the Heart
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Journal of Medieval and Early Modern Studies (2024) 54 (1): 33–56.
Published: 01 January 2024
..., a conservative and tradition-based discipline. Dialogues, by contrast, opened up a space for a more fulsome consideration of the complexities involved in the interpretation of the law, making it clear that the legal questions concerning such critical issues as evidence and torture were by no means fixed...
FIGURES
Journal Article
The Body Debated: Bodies and Rights in Seventeenth and Eighteenth-Century Germany
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Journal of Medieval and Early Modern Studies (2008) 38 (3): 493–521.
Published: 01 September 2008
... evidence remained
unstandardized, and local knowledge endured as a relevant factor in deci-
sion-making. Legal and medical expertise achieved no dominance, or, if
they did, only slowly and incompletely. Moreover, those who proffered it (or
whose evaluations others...
Journal Article
Credibility, Certainty, and Belief in Legal Thought and Moral Theology, or On the Afterlife of Augustine's Credulitas
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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...
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Journal Article
Survivors of Witch Trials and the Quest for Justice in Early Modern Germany
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Journal of Medieval and Early Modern Studies (2020) 50 (2): 349–375.
Published: 01 May 2020
... accountable for his misdeeds, for no bailiff or other official in the Holy Empire . . . should interrogate a person without sufficient evidence of a suspected crime, let alone deny legal redress. 17 Second, that the Urfehde be annulled, so that she could be dispensed from the promises and oaths and admitted...
Journal Article
Bodies of Evidence: Judges and Surgeons at the Crime Scene in Early Modern France
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Journal of Medieval and Early Modern Studies (2024) 54 (1): 137–163.
Published: 01 January 2024
.... As Michel Porret has noted, in this period “ cruentatio is eclipsed by the medical-legal approach,” as the surgeon becomes the body's interpreter, a crucial contributor to building the body of evidence that would ultimately determine guilt or innocence in cases of violent crime in early modern France. 28...
FIGURES
Journal Article
Making or Declaring Law? Legislative Intent and Privileged Speech in Anglo-Saxon England
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Journal of Medieval and Early Modern Studies (2023) 53 (3): 545–571.
Published: 01 September 2023
...). Dorothy Bethurum's “Stylistic Features of the Old English Laws,” Modern Language Review 27, no. 3 (1932): 263–79, shows the extent to which making Old English legislation seem “poetic” depended upon adducing comparative evidence: “The large number of legal formulas, many of them alliterative, many...
Journal Article
Female Sodomy: The Trial of Katherina Hetzeldorfer (1477)
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Journal of Medieval and Early Modern Studies (2000) 30 (1): 41–62.
Published: 01 January 2000
...,
as in other fifteenth-century court cases, the linguistic evidence indicates that
there was no established legal discourse in the vernacular for same-sex activ-
ities before the Reformation, especially not when it came to female
sodomy.12 Katherina Hetzeldorfer’s account...
Journal Article
The Audacity of Judging Mind in Medieval England
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Journal of Medieval and Early Modern Studies (2023) 53 (3): 493–518.
Published: 01 September 2023
..., a burden placed squarely upon the shoulders of lay jurors after the Fourth Lateran Council's effective abolition of trial by ordeal in 1215. Nevertheless, jurors did sit in judgment upon their neighbors, and evidence suggests that they were not merely assessing outward conduct but also the state...
Journal Article
The Black Death, Girl Power, and the Emergence of the European Marriage Pattern in England
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Journal of Medieval and Early Modern Studies (2024) 54 (3): 493–528.
Published: 01 September 2024
... and Zanden’s assertion that “in medieval England there were legal constraints on young single women working casually” is not supported by the actual evidence. It is likely, however, that gender discrimination through the labor legislation was increased in the sixteenth century. There is widespread...
Journal Article
Labor and Social Reproduction in an Industrializing English Village, ca. 1680–1780
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Journal of Medieval and Early Modern Studies (2024) 54 (3): 637–668.
Published: 01 September 2024
... for its exceptionally rich occupational data (generated on three separate occasions in 1684, 1781, and 1836), let alone for the survival—coincident in particular with the late seventeenth-century listing—of a very wide range of cartographic, manorial, parochial, employment, and legal evidence sufficiently...
Journal Article
“Not a drop of tears, or any sweat from fear came from her”: Interrogating Mind, Body, and Emotions in Early Modern German Witch Trials
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Journal of Medieval and Early Modern Studies (2024) 54 (1): 113–135.
Published: 01 January 2024
... evidence. 14 Evidence had to be certain, even if consultations would delay the case. 15 However, as the trials discussed here attest, the search for legal truth remained highly problematic. Nowhere was this more evident than in the crime of witchcraft, which was the crime that characterized...
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Journal Article
Rogationtide Perambulation as Performative Law
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Journal of Medieval and Early Modern Studies (2021) 51 (3): 453–473.
Published: 01 September 2021
... of Toronto Press, 1986): “Ceremonial practices such as the annual walking of the boundaries . . . are not included unless there is clear evidence of music or other entertainment” (lxiii). 4 For a survey on “performative law,” see Bernard J. Hibbits, “Coming to Our Senses: Communication and Legal...
Journal Article
Francesco Casoni and the Rhetorical Forensics of the Body
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Journal of Medieval and Early Modern Studies (2015) 45 (1): 103–130.
Published: 01 January 2015
...
At the basis of Casoni’s new emphasis on conjecture was the classi-
cal distinction between inartifical and artificial proofs. The former, accord-
ing to rhetorical theory, were constituted of those proofs in which the guilty
party was made evident through eyewitness testimony ( facti testes), legal...
Journal Article
Stranger Artisans and the London Sanctuary of St. Martin le Grand in the Reign of Henry VIII
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Journal of Medieval and Early Modern Studies (2013) 43 (3): 545–571.
Published: 01 September 2013
... had long rankled civic governors and guilds, sparking a series of legal and political skirmishes between the City and St. Martin’s in the 1520s and 1530s. This article examines St. Martin’s community of Dutch and French immigrants, who constituted the densest concentration of aliens...
Journal Article
Faith and Hermeneutics: Pragmatism versus Pragmatism
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Journal of Medieval and Early Modern Studies (2003) 33 (2): 215–239.
Published: 01 May 2003
... of claiming someone else’s story to tell one’s
own. For all his attacks on the carnal reader, Jerome’s own reading here is
evidently what he would have called “cupidinous.”
If the example from twelfth-century Paris is anything to go by (and
it is), allegorization is understandable but pretty...
Journal Article
The Byzantine Icon of the Virgin in the Church of the Blachernae: Michael Psellos on the Problem of Miraculous Timing
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Journal of Medieval and Early Modern Studies (2021) 51 (2): 241–262.
Published: 01 May 2021
... to focus on the actions—and, as we shall see, nonactions—of the veil? Note that Psellos scripted his report at the order of Emperor Michael VII Doukas, not as a generic account of the miracle that occurred every Friday, but as a response to a specific legal case sorting out the ownership of a watermill...
Journal Article
Visual Judgment: Physiognomy, Law, Medicine, and Art in Sixteenth-Century Venice
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Journal of Medieval and Early Modern Studies (2024) 54 (1): 9–32.
Published: 01 January 2024
..., 1955); and Davide Stimilli, The Face of Immortality: Physiognomy and Criticism (Albany: State University of New York Press, 2004), 13–36. [email protected] Copyright © 2024 by Duke University Press 2024 Renaissance physiognomy legal procedure in Venice physical evidence...
Journal Article
Rastell's Pastyme of People : Monarchy and the Law in Early Modern Historiography
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Journal of Medieval and Early Modern Studies (2000) 30 (2): 275–308.
Published: 01 May 2000
... evidently envisioned
himself empowering the nonelite by making available England’s legal tradi-
tions, and the Pastyme contributes to this project. Indeed, this text may be
the first constitutional history of England as the Pastyme consistently insists
on the contractual nature of monarchy...
Journal Article
Call for Submissions
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Journal of Medieval and Early Modern Studies (2013) 43 (2): 469–471.
Published: 01 May 2013
... through
death and dying in the premodern world but also the different philosophical
and legal positions concerning the relationship, for example, between the
body and body parts, the body and burial sites, the bodies of saints and the
bodies of criminals, the bodies of suicides and the bodies...
Journal Article
Journal of Medieval and Early Modern Studies (2023) 53 (3): 451–465.
Published: 01 September 2023
... we can divine the likely intention of a particular legal utterance. 6 We might come away from this uncontentious description wondering just how practitioners in any discipline could not appeal to intention and continue to be taken seriously by readers outside the discipline. Accounting...
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