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legal evidence

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Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 33–56.
Published: 01 January 2024
... into their courts on suspicion of crimes—and to do so without resorting to torture. john.j.martin@duke.edu Copyright © 2024 by Duke University Press 2024 Francesco Casoni Renaissance court cases torture legal evidence interpretation of bodily signs In 1561, the northern Italian jurist...
FIGURES
Journal Article
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
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. tutino@history.ucla.edu 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 (2): 349–375.
Published: 01 May 2020
... to, or advocated for, my imprisonment. 10 These legal formulas were often used when a criminal trial did not yield a confession.11 All criminal cases at the time not just witch trials required a confession, the queen of evidence [regina probationum].12 Mar- gareth Los had refused to confess, despite extreme...
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 137–163.
Published: 01 January 2024
... 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
Journal of Medieval and Early Modern Studies (2023) 53 (3): 545–571.
Published: 01 September 2023
... judgments in processes both formal and informal, all of them beyond the reach of historical inquiry and traceable to the aims of no one person. No fund of evidence was better disposed to exhibit the legal childhood of Europe than laws composed in the vernacular by the successor-states of Rome. 53...
Journal Article
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
Journal of Medieval and Early Modern Studies (2023) 53 (3): 493–518.
Published: 01 September 2023
..., the fact that legal treatises and commentaries offer only a thin account of the “general part” of the criminal law—i.e., of issues of intentionality, defenses, and excuses—combined with the rudimentary nature of jury trials, the underdeveloped state of rules of evidence, and the limited role...
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 113–135.
Published: 01 January 2024
..., review witness testimony and confessions critically, and actively seek out material 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...
Journal Article
Journal of Medieval and Early Modern Studies (2021) 51 (3): 453–473.
Published: 01 September 2021
...Jill P. Ingram This article draws on performance theory to examine perambulation practices in late medieval and early modern England. Rogation was originally a devotional celebration that also entailed a ritual walking of parish boundaries to define communities as legal and administrative units...
Journal Article
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
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
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
Journal of Medieval and Early Modern Studies (2021) 51 (2): 241–262.
Published: 01 May 2021
...—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 over which the Blachernae icon and its miracle presided...
Journal Article
Journal of Medieval and Early Modern Studies (2024) 54 (1): 9–32.
Published: 01 January 2024
... 2024 Renaissance physiognomy legal procedure in Venice physical evidence Antonio Pellegrini Giovanni Ingegneri In 1545, the Venetian humanist Antonio Pellegrini published his I segni della natura ne l'huomo ( The Signs of Nature in Man ). 1 In dialogue form, this work reproduces...
Journal Article
Journal of Medieval and Early Modern Studies (2000) 30 (2): 275–308.
Published: 01 May 2000
... what exactly prompted Rastell to set up shop, it is clear that he regarded his publishing ventures as something more than just a good business opportunity, as his legal texts clearly furthered his earlier politics. Rastell evidently envisioned himself empowering the nonelite by making available...
Journal Article
Journal of Medieval and Early Modern Studies (2023) 53 (3): 451–465.
Published: 01 September 2023
... a connection between disappearing author and legislator, in which scholarly Romantic determination to hear the voice of the people effaces the specific, deliberative intent of Old English legal codes. Postmodern displacement of intention from human authors onto personifications of larger collective forces has...
Journal Article
Journal of Medieval and Early Modern Studies (2010) 40 (1): 119–147.
Published: 01 January 2010
... been described as “the rise of Protestant legalism.”5 Beyond the potential prosecution of sexual crimes such as those dramatized in the play, another grave consequence of the legalistic movement was the promo- tion of Mosaic law allowing the death penalty for idolatry, which, for many...
Journal Article
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 (2013) 43 (3): 675–677.
Published: 01 September 2013
... 1 / Winter 2015 This special issues addresses not only the different ways of thinking 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...