Felony and the Guilty Mind in Medieval England

ISBN-13: 9781108498791 / Angielski / Twarda / 2019 / 350 str.

Elizabeth Papp Kamali

Opis

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

Recenzje

'Using an impressive range of sources - administrative, jurisprudential and literary - she supplies a definitive survey of the means and devices by which juries struggled to dispense justice in criminal cases, over the century after 1215 … promise[s] a bright future, not only for [Kamali] but for the ongoing study of medieval law.' Nicholas Vincent, History

Spis treści

List of figures; Acknowledgments; List of abbreviations; Introduction; The history of Mens Rea; Methodology; The trial jury and its predecessors: Anglo-Saxon and Angevin Antecedents; A brief chapter summary; The essentials of medieval English felony procedure; Part I. Felonia Felonice Facta: Felony and Intentionality: 1. The meaning of felony; 1.1 Felonia Felonice Facta and the question of non-felonious felonies; 1.2 The etymology of felony; 2. Felony in the archives; 2.1 Words of felony in law and literature; 2.2 Accomplice liability and the nexus between actus reus and mens rea; 2.3. A felonious state of mind; 2.4 Conclusion to Part I; Part II. Þe Deuylys Doghtyr of Hellë Fyre: Felony and Emotion: 3. The language of anger; 3.1 An elite emotional episode: the Warenne-Zouche Incident; 3.2 The history of law and emotion; 3.3 The language of anger; 3.4 Anger and the common law: an overview; 3.5 Passion in the plea rolls; 3.6 Melancholic felony in Gower's Tale of Canace and Machaire; 4. Cultural understandings of anger; 4.1 Anger and the judgment day; 4.2 Positive manifestations of the passion; 4.3 Anger in the confessional; 4.4. Slights, affronts, and provocations; 4.5 Anger, provocation, and the medieval English jury; 4.6 Conclusion to Part II; Part III. Handlyng Synne: Guilt and Innocence: 5. Confession and circumstantial inquiry; 5.1 Confessions of a horse thief; 5.2 A confessing society; 5.3 Inquiry into the circumstances; 5.4 The role of confession in felony adjudication; 6. Guilt assessment in medieval England; 6.1 Handlyng Synne and crime; 6.2 Sins of thought, speech, deed; 6.3 Rankings of sins and crimes; 6.4 Conclusion to Part III; Part IV. Dies Iræ: Judge and Jury: 7. Tales of judging; 7.1 The perils and prosaic nature of judging; 7.2 Pontius Pilate and deference to jury verdicts; 7.3 The misjudging of Christ and its resonance; 8. The mind and comportment of judge and jury; 8.1 Erkenwald and the Pagan judge; 8.2 Harsh justice tempered by mercy; 8.3 The proper comportment of those who judge; 8.4 Judicial states of mind; 8.5 Conclusion to Part IV; Conclusion; Looking back; Looking forward; Legal literacy and the medieval English jury; Bibliography; Index.