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History      Europe

Pain, Penance, and Protest: Peine Forte et Dure in Medieval England (Studies in Legal History)

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Book Details
Publishers
Cambridge University Press (4 April 2024)
Weight
0.71 KG
Publication Date
04/04/2024
ISBN-10
1009065726
Pages
490 pages
ISBN-13
9781009065726
Dimensions
15.19 x 3.12 x 22.91 cm
SKU
9781009065726
Author Name
Butler Sara M. (Author)
Sara M. Butler earned her honors B.A. in history from York University (1995), her M.A. from the University of Toronto (1996), and her Ph.D. from Dalhousie University (2001), where she worked with C.J. Neville. She spent twelve years at Loyola University New Orleans, attaining the rank of Gregory F. Curtin, S.J., Distinguished Professor, before joining Ohio State University as the King George III Chair in British History in autumn of 2016. Sara's research interests lie in the social history of the law in medieval England. She has written on subjects such as marital violence, divorce, forensic medicine, suicide, abortion, coverture, medieval malpractice, and most recently juries of matrons. In 2007, Sara was awarded the Sutherland prize by the American Society for Legal History for her article, “Degrees of culpability: Suicide verdicts, mercy, and the jury in medieval England,” (Journal of Medieval and Early Modern Studies 36.2, 2006). In 2016 she was elected a Fellow of the Royal Historical Society.Sara regularly contributes to the blog "Legal History Miscellany." See her contributions here: https://legalhistorymiscellany.com/author/butlersm16/Read more about this authorRead less about this author
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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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