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Pain, penance, and protest : peine forte et dure in medieval England
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ISBN: 9781009079792 Year: 2022 Publisher: Cambridge : Cambridge University Press,

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In medieval England, a defendant who refused to plead to a criminal indictment was sentenced to pressing with weights as a coercive measure. Using peine forte et dure ('strong and hard punishment') as a lens through which to analyse the law and its relationship with Christianity, Butler asks: where do we draw the line between punishment and penance? And, how can pain function as a vehicle for redemption within the common law? Adopting a multidisciplinary approach, this book embraces both law and literature. When Christ is on trial before Herod, he refused to plead, his silence signalling denial of the court's authority. England's discontented subjects, from hungry peasant to even King Charles I himself, stood mute before the courts in protest. Bringing together penance, pain and protest, Butler breaks down the mythology surrounding peine forte et dure and examines how it functioned within the medieval criminal justice system.


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The Ordering of Justice
Authors: ---
ISBN: 1282040030 9786612040030 1442678119 9781442678118 9780802024510 0802024513 9780802064639 0802024513 0802064639 9781282040038 1442638532 Year: 1989 Publisher: Toronto

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From the point of his arrest through to the final disposition of his case, the authors follow the accused as he proceeds through the criminal control system. They draw a picture of one who is dependent upon the orders and decisions of the police, crown attorney, defence lawyer, and judge and not a defendant with significant autonomy. Substudies conducted under a program of the Centre of Criminology provide empirical material on patrol police, detectives, crown attorneys and defence lawyers and are complemented by the authors? own interviews of accused persons. They produce a unique picture of the person who stands accused: unlike the official agents who are regular and experienced participants in the criminal process, the accused is a ?one-shot? player.As a dependant he is subject to the orders and decisions of the official criminal control agents; he fails to exercise what appear externally as his formal rights because the apparent costs exceed the advantages. He complies with police searches, fails to remain silent, fails to call a third party, gives a statement, often does not obtain a lawyer, routinely accepts his lawyer?s advice, rarely demands a trial, often remains silent in court, and very rarely considers an appeal. The ordering which the accused meets out of court is reproduced in the public forum of the court. Through the display of formal legal rationality there and in the belief that matters ?could have been a lot worse,? he experiences the ?majesty, justice, and mercy? of the criminal process and, in turn, accords legitimacy to the actions taken against him. The authors discuss prospects for changing the criminal process and conclude that the range of reforms that have been advocated, and sometimes implemented, does not lead to an alteration of the accused?s position within the ordering of justice because the system is not truly adversarial. Rather, it serves the interests of the state in ordering the population as well as professional interests of those who man the system.


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Loving Justice : Legal Emotions in William Blackstone's England
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ISBN: 1479832634 Year: 2019 Publisher: New York : Baltimore, Md. : New York University Press, Project MUSE,

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William Blackstone's masterpiece, 'Commentaries on the Laws of England' (1765-1769), famously took the "ungodly jumble" of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called "the immutable laws of good and evil." Most legal historians regard the 'Commentaries' as a brilliant application of Enlightenment reasoning to English legal history. 'Loving Justice' contends that Blackstone's work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the 'Commentaries' offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.


Book
Loving Justice : Legal Emotions in William Blackstone's England
Author:
ISBN: 9781479832637 1479832634 9781479811649 1479811645 9781479895274 147989527X 9781479829675 1479829676 Year: 2019 Publisher: New York : Baltimore, Md. : New York University Press, Project MUSE,

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Abstract

William Blackstone's masterpiece, 'Commentaries on the Laws of England' (1765-1769), famously took the "ungodly jumble" of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called "the immutable laws of good and evil." Most legal historians regard the 'Commentaries' as a brilliant application of Enlightenment reasoning to English legal history. 'Loving Justice' contends that Blackstone's work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the 'Commentaries' offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.

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