scholarly journals Processo judicial e poder político: práticas inquisitoriais no julgamento de condenação de Joana D’Arc

Author(s):  
C. C. TOLENTINO ◽  
Paulo Eduardo A. SILVA

Records on the trial and sentencing for heresy of French warrior Joan of Arc dating to 1431 have been studied by a variety of fields. The present work explores the primary sources and several of these studies in the aim of analyzing the political significance of the forms adopted during the trial. From a perspective poised between the history of law and procedural law, the article clarifies aspects of the practical functioning of the Roman Canon inquisitorial procedure at the end of the Middle Ages, and, more widely, the phenomenon of the capillarization of the political power by means of the production of truth. The article concludes that, although Joan of Arc’s trial was clearly politically motivated, several of its dimensions correspond to the procedural practices of the time, leading us to an understanding that the influence of power over trials does not necessarily manifest in a direct violation of procedural rules, but rather in their very design and the ways in which they are put into operation.

Traditio ◽  
1969 ◽  
Vol 25 ◽  
pp. 376-386
Author(s):  
Zoltan J. Kosztolnyik

Early Hungarian history is so poor in sources of contemporary origin that any work written and any writer living in the early Árpádian age is bound to provide information on the period — the beginnings of the Hungarian Christian kingdom of the Middle Ages. The Venetian-born Benedictine monk, Gerard, who from 1030 to his death in 1046 occupied as its first bishop the see of Csanád, is one of these writers. Gerard is not an historian in the true sense of the term. He is no Gregory of Tours, no Venerable Bede. He was a learned, western-educated ecclesiastic who in his theological writings left many a side remark on his age and on the political and social background of his religious activities in Hungary from the mid-1020s through the mid-1040s. His major theological treatise on the Song of Daniel, hisAdmonitionesto the heir of King Stephen on the Hungarian throne, and his participation in compiling the legal statutes enacted by Stephen and his council make him, beside the king, the most important historical personage of Hungarian history of the time. His works together with thevita minorand the biography of King Stephen by Bishop Hartvic form a valuable source of historical information. His own life is covered by a short though trustworthyvitacomposed in the early 1080s.


2020 ◽  
Vol 25 (1) ◽  
pp. 119-134
Author(s):  
Andrea Bendlage

AbstractSince the Middle Ages, hospitable courts played a central role in the complex judicial landscape of the pre-modern age for the conflict resolution of parties of different regional origins, because civil disputes could be dealt with more quickly if at least one plaintiff or defendant was a (legal) stranger. With the obvious relationship between (social) belonging and law established by these courts, questions of asymmetries in law come to the fore, which under the common keywords of inequality, integration and exclusion are a leading interest of research in the history of law, culture and crime, but which have so far hardly been dealt with in research within the framework of civil court practice. The Duisburg Hospitable Court shows that the historical civil proceedings concerning non-repaid loans, undelivered goods or disputed estates were no less important for social stability and order in the pre-modern period than criminal proceedings, even though social integration and exclusion were not the core issues of a civil lawsuit. Since the Middle Ages, hospitable courts concerned themselves with communication and trade practices and at the same time constituted an institution that offered legal security for both foreigners and locals. This was still true in the early modern period, which generally stands for a time that became increasingly hardened towards strangers and people on the move.


2018 ◽  
Vol 69 (1) ◽  
pp. 267-282
Author(s):  
Karol Dąbrowski

The subject matter of the Middle Ages is permanently present in the education of law students in Poland. It appears during the following classes: the history of Polish law, the general history of law, the history of political and legal doctrines. The medieval tradition can be inspiring for logicians and methodologists of science. The students of administration and internal security also better understand contemporary legal institutions if they are compared with examples from the Middle Ages.


Author(s):  
Amalie Fößel

This article sketches the political traditions of female rulership in medieval Europe. A brief introduction containing preliminary remarks on the history of research is followed by overviews of perceptions of gender and power and of the construction of queens as wives, mothers, and rulers. Coronation orders conceived of queenship with reference to biblical women and formulated a concept of participation in royal rulership that persisted through the high Middle Ages. The article then turns to differing traditions of political practice. Women could exercise political power through different functions and in diverse ways: as wives, as regents, or as reigning queens legitimated through inheritance and ruling in their own right. The mechanisms and strategies for obtaining and exercising power are illustrated by a few selected examples.


2018 ◽  
Vol 13 (3) ◽  
pp. 214-229
Author(s):  
Aleksandr Shmakov ◽  
Sergey Petrov

Abstract A number of events taking place in the twenty-first century such as mass arrests of members of the Iran President Mahmud Ahmadinezhad's executive office accused of witchcraft make one doubt that witch hunt trials remained in the far Middle Ages. It is religious motives that are usually considered the main reason for anti-witchcraft hysteria. When analyzing the history of anti-witchcraft campaigns we came to the conclusion that in the majority of cases witchcraft was a planned action aimed at consolidating the state power and acquiring additional sources of revenue. By using economic instruments we tried to reveal some general regularities of witch hunt in various countries as well as conditions for this institution to emerge and for ensuring its stability by the state power We show that witch hunt was an instrument of implementing institutional transformations aimed to consolidate the political power or to forfeit wealth by the state power.


2003 ◽  
Vol 20 (1) ◽  
pp. 137-140
Author(s):  
Asma Barlas

Perhaps one would not expect a history of “Islamic rule” in the seventh andeighth centuries in what is now the Middle East to illuminate any contemporarydebate on Islam, in particular about whether there is an innate civilizationalclash between it and the (Christian) West. And yet this modeststudy manages to do that, if only tangentially and coincidentally, and if readwith some reservations.Cambridge historians are renowned for their preoccupation with elites,generally of provinces far removed from the centers of power, and hencetheir single-minded focus on the “politics of notables” of relatively minorlocalities. From such provincial concerns, however, emerge more universalclaims about, for instance, the nature of British colonial rule in India or ofIslamic rule in the Middle Ages. Chase Robinson, following this tradition,assesses – as “critic and architect” – the changing status of Christian andMuslim elites following the Muslim conquest of northern Mesopotamia.Three themes are implicit: the interrelationship of history and historiography,the effects of the Muslim conquest, and the nature of Islam. Thus, Iwill review it thematically as well. I should point out that I engage his workas a generalist, not as a historian, and that I am interested not so much in hisretelling of events as in the political meanings with which he endows them.(Re)writing History. To reconstruct a past about which there is such adearth of primary period sources is at best hazardous. For one, where documentssuch as conquest treaties exist, they have little truth-value, saysRobinson. He thus specifies that he is concerned less with their accuracythan with how they were perceived to have governed relations between localMuslims/imperial authorities, on the one hand, and Christians on the other.For another, conquest history in fact “describes post-conquest history.” Thusthe “conquest past” is a re-presentation of events from a post-conquest present,an exercise in which Christians and Muslims had an equal stake sincethe “conquest past could serve to underpin [their] authority alike.”Historians then must disentangle events from their own narration, or at leastrecognize the ways in which recording events also reframes them.Fortunately for him, says Robinson, his work was enabled by that of al-Azdi, a tenth-century Muslim historian. However, even as he admits that ...


2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Maurizio Tani

Tuscany has a long history of Semitic presence within its territory. Phoenicians during the Etruscan times, Jews and Arabs as of the Middle Ages: they all have played a key-role in the political, economic and cultural history of Tuscany.


1959 ◽  
Vol 9 ◽  
pp. 51-79
Author(s):  
K. Edwards

During the last twenty or twenty-five years medieval historians have been much interested in the composition of the English episcopate. A number of studies of it have been published on periods ranging from the eleventh to the fifteenth and early sixteenth centuries. A further paper might well seem superfluous. My reason for offering one is that most previous writers have concentrated on analysing the professional circles from which the bishops were drawn, and suggesting the influences which their early careers as royal clerks, university masters and students, secular or regular clergy, may have had on their later work as bishops. They have shown comparatively little interest in their social background and provenance, except for those bishops who belonged to magnate families. Some years ago, when working on the political activities of Edward II's bishops, it seemed to me that social origins, family connexions and provenance might in a number of cases have had at least as much influence on a bishop's attitude to politics as his early career. I there fore collected information about the origins and provenance of these bishops. I now think that a rather more careful and complete study of this subject might throw further light not only on the political history of the reign, but on other problems connected with the character and work of the English episcopate. There is a general impression that in England in the later middle ages the bishops' ties with their dioceses were becoming less close, and that they were normally spending less time in diocesan work than their predecessors in the thirteenth century.


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