000			05209nam a22004815i 4500
001			202594
003			IT-RoAPU
005			20230501181851.0
006			m|||||o||d||||||||
007			cr || ||||||||
008			230103t20222011nyu fo d z eng d
020			_a9780823232680 _qprint
020			_a9780823292523 _qPDF
024	7		_a10.1515/9780823292523 _2doi
035			_a(DE-B1597)9780823292523
035			_a(DE-B1597)566101
035			_a(OCoLC)1306540448
040			_aDE-B1597 _beng _cDE-B1597 _erda
072		7	_aHIS037010 _2bisacsh
084			_aonline - DeGruyter
100	1		_aShoemaker, Karl _eautore
245	1	0	_aSanctuary and Crime in the Middle Ages, 400–1500 / _cKarl Shoemaker.
264		1	_aNew York, NY : _bFordham University Press, _c[2022]
264		4	_c©2011
300			_a1 online resource (292 p.)
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
347			_atext file _bPDF _2rda
490	0		_aJust Ideas
505	0	0	_tFrontmatter -- _tContents -- _tList of Abbreviations -- _tPrologue -- _tIntroduction -- _tPART I. The Foundations of Sanctuary Law in Late Antiquity -- _t1 Authority, Intercession, and Penance -- _t2 Roman Aristocratic Traditions, Imperial Penal Law, and Sanctuary -- _tPART II. The Emergence of Sanctuary Law in the Early Middle Ages -- _t3 Reassessing Early Medieval Sanctuary Legislation -- _t4 The Transmission and Reception of Sanctuary Legislation in the Early Middle Ages -- _t5 Sanctuary, Blood Feud, and the Strength of Anglo-Saxon Government -- _tPART III. Sanctuary in Late Medieval England and the Canon Law -- _t6 Sanctuary in the Century After the Norman Conquest -- _t7 Sanctuary and Angevin Law Reforms -- _t8 The Role of Canon Law in the Destruction of Sanctuary -- _tNotes -- _tBibliography -- _tIndex
506	0		_arestricted access _uhttp://purl.org/coar/access_right/c_16ec _fonline access with authorization _2star
520			_aSanctuary and Crime rethinks the history of sanctuary protections in the Western legal tradition. Until the sixteenth century, every major medieval legal tradition afforded protections to fugitive criminals who took sanctuary in churches. Sanctuary-seeking criminals might have been required to perform penance or go into exile, but they were guaranteed, at least in principle, immunity from corporal and capital punishment. In the sixteenth century, sanctuary protections were abolished throughout Europe, uprooting an ancient tradition and raising a new set of juridical arguments about law, crime and the power to punish. Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control, but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. This book seeks to integrate the history of sanctuary law with the history of criminal law in medieval Europe. It does so by first situating sanctuary law within the early Christian traditions of intercession and penance as well as late-imperial Roman law. The book then traces the transmission of Romano-Christian sanctuary legislation into the feuding traditions of early medieval Europe, showing how sanctuary law was an important emblem of Christian kingship and was integrated into a broad range of social, legal, ecclesiastical and political practices. By the late twelfth-century, sanctuary had been domesticated within the procedures of royal law in England. Unmoored from its taproots in penitential and intercessory practices, sanctuary became a central feature of the emergent law of felony in the early English common law. While sanctuary was widely recognized throughout late medieval Europe, medieval English records provide rich accounts of sanctuary in everyday medieval life and the book reflects the prominence of the English sources. The book concludes by examining the legal arguments in both English and Roman-canonical legal traditions that led to the restriction and abolition of sanctuary privileges in the sixteenth-century and which ushered in a new age of criminal law grounded in deterrence and a state-centered view of punishment and social control.
538			_aMode of access: Internet via World Wide Web.
546			_aIn English.
588	0		_aDescription based on online resource; title from PDF title page (publisher's Web site, viewed 03. Jan 2023)
650		7	_aHISTORY / Medieval. _2bisacsh
850			_aIT-RoAPU
856	4	0	_uhttps://doi.org/10.1515/9780823292523
856	4	0	_uhttps://www.degruyter.com/isbn/9780823292523
856	4	2	_3Cover _uhttps://www.degruyter.com/document/cover/isbn/9780823292523/original
942			_cEB
999			_c202594 _d202594