Felony And The Guilty Mind In Medieval England

Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.

This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.

This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.

Acute Melancholia and Other Essays deploys spirited and progressive approaches to the study of Christian mysticism and the philosophy of religion. Ideal for novices and experienced scholars alike, the volume makes a forceful case for thinking about religion as both belief and practice, in which traditions marked by change are passed down through generations, laying the groundwork for their own critique. Through a provocative integration of medieval sources and texts by Jacques Derrida, Judith Butler, Talal Asad, and Dipesh Chakrabarty, this book redefines what it means to engage critically with history and those embedded within it.

This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.

The seventeenth century saw some of the most important jurisprudential changes in England’s history, yet the period has been largely overlooked in the rich field of literature and law. Helping to fill this gap, The Legal Epic is the first book to situate the great poet and polemicist John Milton at the center of late seventeenth-century legal history. Alison A. Chapman argues that Milton’s Paradise Lost sits at the apex of the early modern period’s long fascination with law and judicial processes. Milton’s world saw law and religion as linked disciplines and thought therefore that in different ways, both law and religion should reflect the will of God. Throughout Paradise Lost, Milton invites his readers to judge actions using not only reason and conscience but also core principles of early modern jurisprudence. Law thus informs Milton’s attempt to “justify the ways of God to men” and points readers toward the types of legal justice that should prevail on earth. Adding to the growing interest in the cultural history of law, The Legal Epic shows that England’s preeminent epic poem is also a sustained reflection on the role law plays in human society.

Contributions to this Festschrift for the renowned American legal and literary scholar William Ian Miller reflect the extraordinary intellectual range of the honorand, who is equally at home discussing legal history, Icelandic sagas, English literature, anger and violence, and contemporary popular culture. Professor Miller's colleagues and former students, including distinguished academic lawyers, historians, and literary scholars from the United States, Canada, and Europe, break important new ground by bringing little-known sources to a wider audience and by shedding new light on familiar sources through innovative modes of analysis. Contributors are Stuart Airlie, Theodore M. Andersson, Nora Bartlett, Robert Bartlett, Jordan Corrente Beck, Carol J. Clover, Lauren DesRosiers, William Eves, John Hudson, Elizabeth Papp Kamali, Kimberley-Joy Knight, Simon MacLean, M.W. McHaffie, Eva Miller, Hans Jacob Orning, Jamie Page, Susanne Pohl-Zucker, Amanda Strick, Helle Vogt, Mark D. West, and Stephen D. White.

At the height of the Middle Ages, a peculiar system of perpetual exile—or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out to felons for crimes deserving of severe corporal punishment or death. From England to France explores the lives of these men and women who were condemned to abjure the English realm, and draws on their unique experiences to shed light on a medieval legal tradition until now very poorly understood. William Chester Jordan weaves a breathtaking historical tapestry, examining the judicial and administrative processes that led to the abjuration of more than seventy-five thousand English subjects, and recounting the astonishing journeys of the exiles themselves. Some were innocents caught up in tragic circumstances, but many were hardened criminals. Almost every English exile departed from the port of Dover, many bound for the same French village, a place called Wissant. Jordan vividly describes what happened when the felons got there, and tells the stories of the few who managed to return to England, either illegally or through pardons. From England to France provides new insights into a fundamental pillar of medieval English law and shows how it collapsed amid the bloodshed of the Hundred Years' War.

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.