The Common Peace: Participation and the Criminal Law in Seventeenth-Century England

1990 ◽  
Vol 34 (2) ◽  
pp. 191
Author(s):  
J. H. Baker ◽  
Cynthia B. Herrup
1989 ◽  
Vol 94 (1) ◽  
pp. 130
Author(s):  
Corinne Comstock Weston ◽  
Cynthia B. Herrup

Author(s):  
William E. Nelson

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.


1999 ◽  
Vol 6 (2) ◽  
pp. 224-271 ◽  
Author(s):  
Khaled Fahmy

AbstractThe reform of the Egyptian criminal justice system in the nineteenth century traditionally has been viewed as forming an important step in the establishment of a liberal and just rule of law. By studying how forensic medicine was introduced into nineteenth-century Egypt, I argue that the need to exercise better control over the population and to monitor crime lay behind the reform process as much as liberal ideas borrowed from Europe did. Drawing on a wide range of archival material, both legal and medical, I analyze the role played by autopsy in the criminal system and argue that the practice of autopsy was viewed differentially by 'ulamā', by Arabic-speaking, French-educated doctors and by the mostly illiterate masses. And contrary to the common wisdom, I conclude that the "modernization" of the Egyptian legal system was intended not to displace the sharīa but to support it.


2021 ◽  
Vol 8 (1) ◽  
pp. 119-134
Author(s):  
Irene Dingel

Abstract Hardly any corpus doctrinae had as intensive a reception and as wide a dissemination as the Corpus Doctrinae Philippicum (1560). Situating it in the history of the concept of a corpus doctrinae and briefly sketching its origin and goal elucidate the function and significance of this collection of Melanchthon’s writings. An intensive investigation reveals however any connection of this work with the development of the Reformation in Siebenbürgen (ung. Erdély, rum. Transilvania) in the later 16th century. The records of the Siebenbürgen synods mention the Corpus Doctrinae Philippicum occasionally, revealing the extent to which it served as a norm for public teaching. Unique and characteristic for Siebenbürgen is that the Formula of Concord (1577) did not replace this Corpus Doctrinae; it remained influential long into the seventeenth century. It was however interpreted within the horizon of a Wittenberg theology that was marked by the pre-confessional harmony and doctrinal agreement between Luther and Melanchthon while seeking to ignore Philippist interpretations and focusing on the common teachings of both reformers.


Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.


Author(s):  
Helen Pierce

How was the multiplied, printed image encountered in Shakespeare’s London? This chapter examines a range of genres and themes for single sheet, illustrated broadsides in an emerging, specialist print market. It discusses how such images were used to persuade and to entertain a potentially broad cross-section of society along moral, political and religious lines, and according to both topical and commercial interests. The mimetic nature of the English print in both engraved and woodcut form is highlighted, with its frequent adaptation of continental models to suit more local concerns. Consideration is also given to the survival of certain images in later seventeenth-century impressions, indicative of popularity and the common commercial practice of reprinting stock from aging plates and blocks, and the sporadic nature of censorship upon the illustrated broadside.


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