scholarly journals The Evolution of Criminal Responsibility

1969 ◽  
pp. 47
Author(s):  
Graham Parker
Keyword(s):  
Criminal Responsibility ◽  
Anglo Saxon ◽  
Modern Thought ◽  
History Of ◽  
The Subject ◽  
English Law ◽  
Early English

Professor Parker investigates the history of the concept of criminal responsibility with particular reference to homicide. The notion of criminal responsibility is traced through Anglo-Saxon and Germanic law and early English law to recent times. The observations and reports of such commentators as Coke, Hale, Hawkins, Foster and East are treated in an historical-analytical fashion. Because of the historical breadth of the article which encompasses feud and vengeance as well as modern thought on the subject, and because the subject is treated in various socio-political circumstances, valuable perspective on the concept of criminal responsi bility is offered in Professor Parker's presentation.

On Translating Anglo-Saxon Poetry

PMLA ◽  
1898 ◽  
Vol 13 (2) ◽  
pp. 286-296
Author(s):  
Edward Fulton
Keyword(s):  
Old English ◽  
English Literature ◽  
Final Conclusion ◽  
English Poetry ◽  
Anglo Saxon ◽  
English Verse ◽  
History Of ◽  
The Subject ◽  
Early English

What verse to use in translating Anglo-Saxon poetry is a question, which, ever since Anglo-Saxon poetry has been thought worth translating, has been discussed over and over again, but unfortunately with as yet no final conclusion. The tendency, however, both among those who have written upon the subject and those who have tried their hand at translating, is decidedly in favor of a more or less close imitation of the original metre. Professor F. B. Gummere, in an article on “The Translation of Beowulf and the Relations of Ancient and Modern English Verse,” published in the American Journal of Philology, Vol. vii (1886), strongly advocates imitating the A.-S. metre. Professor J. M. Garnett, in a paper read before this Association in 1890, sides with him, recanting a previously held belief in the superiority of blank verse. Of the various translations which imitate the A.-S. metre, the most successful, undoubtedly, is the Beowulf of Dr. John Leslie Hall, which appeared in 1892. Stopford Brooke, in his History of Early English Literature, also declares his belief in imitations of the original metre, though in his translations he does not always carry out his beliefs. He lays down the rule—and a very good rule it is—that translations of poetry “should always endeavour to have the musical movement of poetry, and to obey the laws of the verse they translate.” For translating A.-S. poetry, blank verse, he thinks, is out of the question; “ it fails in the elasticity which a translation of Anglo-Saxon poetry requires, and in itself is too stately, even in its feminine dramatic forms, to represent the cantering movement of Old English verse. Moreover, it is weighted with the sound of Shakspere, Milton, or Tennyson, and this association takes the reader away from the atmosphere of Early English poetry.”

History of the Study of Apocrypha in Early Medieval England

2020 ◽  
Vol 48 (3-4) ◽  
pp. 13-26
Author(s):  
Brandon W. Hawk
Keyword(s):  
Old Testament ◽  
Medieval England ◽  
Medieval Period ◽  
Early Medieval ◽  
Future Directions ◽  
Early Judaism ◽  
Wide Range ◽  
History Of ◽  
The Subject ◽  
Early English

Literature written in England between about 500 and 1100 CE attests to a wide range of traditions, although it is clear that Christian sources were the most influential. Biblical apocrypha feature prominently across this corpus of literature, as early English authors clearly relied on a range of extra-biblical texts and traditions related to works under the umbrella of what have been called “Old Testament Pseudepigrapha” and “New Testament/Christian Apocrypha." While scholars of pseudepigrapha and apocrypha have long trained their eyes upon literature from the first few centuries of early Judaism and early Christianity, the medieval period has much to offer. This article presents a survey of significant developments and key threads in the history of scholarship on apocrypha in early medieval England. My purpose is not to offer a comprehensive bibliography, but to highlight major studies that have focused on the transmission of specific apocrypha, contributed to knowledge about medieval uses of apocrypha, and shaped the field from the nineteenth century up to the present. Bringing together major publications on the subject presents a striking picture of the state of the field as well as future directions.

After Arminius

2020 ◽  
Author(s):  
Thomas H. McCall ◽  
Keith D. Stanglin
Keyword(s):  
Primary Sources ◽  
Reformed Theology ◽  
Proper Understanding ◽  
System Building ◽  
Wide Range ◽  
Modern Thought ◽  
History Of ◽  
The Subject ◽  
Vision Of God ◽  
Important Position

“Arminianism” was the subject of important theological controversies in the seventeenth and eighteenth centuries, and it maintains an important position within Protestant thought. What became known as “Arminian” theology was held by people across a swath of geographical and ecclesial positions; it developed in European, British, and American contexts, and it engaged with a wide range of intellectual challenges. While standing together in their common rejection of several key planks of Reformed theology, proponents of Arminianism took various positions on other matters. Some were broadly committed to catholic and creedal theology; others were more open to theological revision. Some were concerned primarily with practical concerns; others were engaged in system building as they sought to articulate and defend an overarching vision of God and the world. The story of this development is both complex and important for a proper understanding of the history of Protestant theology. However, this historical development of Arminian theology is not well known. In this book, Thomas H. McCall and Keith D. Stanglin offer a historical introduction to Arminian theology as it developed in modern thought, providing an account that is based upon important primary sources and recent secondary research that will be helpful to scholars of ecclesial history and modern thought as well as comprehensible and relevant for students.

The Anglian collection of royal genealogies and regnal lists

1976 ◽  
Vol 5 ◽  
pp. 23-50 ◽  
Author(s):  
David N. Dumville
Keyword(s):  
Old English ◽  
British Library ◽  
Anglo Saxon ◽  
Corpus Christi ◽  
History Of ◽  
The Subject

This collection of Old English royal records is found in four manuscripts: London, British Library, Cotton Vespasian B. vi; London, British Library, Cotton Tiberius B. v, vol. 1; Cambridge, Corpus Christi College 183; and Rochester, Cathedral Library, A. 3. 5. The present paper aims both to provide an accurate, accessible edition of the texts in the first three of these manuscripts and to discuss the development of the collection from its origin to the stages represented by the extant versions. We owe to Kenneth Sisam most of our knowledge of the history of the Anglo-Saxon genealogies. Although his closely argued discussion remains the basis for any approach to these sources, it lacks the essential aid to comprehension, the texts themselves. It is perhaps this omission, as much as the difficulty of the subject and the undoubted accuracy of many of his conclusions, that has occasioned the neglect from which the texts have suffered in recent years.

On the Instituta Cnuti Aliorumque Regum Anglorum

1893 ◽  
Vol 7 ◽  
pp. 77-107 ◽  
Author(s):  
F Liebermann
Keyword(s):  
Anglo Saxon ◽  
History Of ◽  
English Law

The short Latin treatise to which I give the above title claims the attention of all who study the mediaeval history of England, in several respects. It is one of the earliest Latin compilations of English law written by a jurist; it serves to explain some Anglo-Saxon ordinances and to reconstruct their text; it contains the only trace, though hidden under a foreign form, of some Anglo-Saxon legal articles; and it sheds some light on the English constitution about A.D. 1100, especially on the remnants and traditions of an earlier policy.

Body and law in late Anglo-Saxon England

1998 ◽  
Vol 27 ◽  
pp. 209-232 ◽  
Author(s):  
Katherine O'Brien O'Keeffe
Keyword(s):  
The Body ◽  
Anglo Saxon ◽  
Manuscript Production ◽  
History Of ◽  
The Subject ◽  
The Law ◽  
The Individual ◽  
And Control ◽  
Point Of Departure

This article explores some textual dimensions of what I argue is a crucial moment in the history of the Anglo-Saxon subject. For purposes of temporal triangulation, I would locate this moment between roughly 970 and 1035, though these dates function merely as crude, if potent, signposts: the years 970×973 mark the adoption of the Regularis concordia, the ecclesiastical agreement on the practice of a reformed (and markedly continental) monasticism, and 1035 marks the death of Cnut, the Danish king of England, whose laws encode a change in the understanding of the individual before the law. These dates bracket a rich and chaotic time in England: the apex of the project of reform, a flourishing monastic culture, efflorescence of both Latin and vernacular literatures, remarkable manuscript production, but also the renewal of the Viking wars that seemed at times to be signs of the apocalypse and that ultimately would put a Dane on the throne of England. These dates point to two powerful and continuing sets of interests in late Anglo-Saxon England, ecclesiastical and secular, monastic and royal, whose relationships were never simple. This exploration of the subject in Anglo-Saxon England as it is illuminated by the law draws on texts associated with each of these interests and argues their interconnection. Its point of departure will be the body – the way it is configured, regarded, regulated and read in late Anglo-Saxon England. It focuses in particular on the use to which the body is put in juridical discourse: both the increasing role of the body in schemes of inquiry and of punishment and the ways in which the body comes to be used to know and control the subject.

Collective Oath Compurgation in Anglo-Saxon England and African states

1979 ◽  
Vol 20 (1) ◽  
pp. 1-18 ◽  
Author(s):  
William A. Shack
Keyword(s):  
Decision Making ◽  
Social Relationships ◽  
African State ◽  
Anglo Saxon ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Legal Principles ◽  
The Subject ◽  
Early English ◽  
William The Conqueror

Social historians and historians of jurisprudence have, on occasion, drawn attention to the close resemblances between Anglo-Saxon society at the time when it is said to have been dominated by kinship relationships and the large kingdom states in Africa. The truth of the matter is not so easily come by, however, since the content of pre-medieval social relationships linking persons of different station was inadequately recorded by early writers. The faulty character of early records becomes evident in the area of jurisprudence, especially whenever attempts are made to assess the extent to which kinbased social relationships invaded the legal principles in Anglo-Saxon society in matters of dispute and settlement. This notwithstanding, it seems an instructive sociological task to reconsider comparatively with African state societies, wherever possible, certain of those legal ideas that allegedly formed the basis for judicial decision-making in early English courts before the introduction of trial by jury. The interpretation of these early ideas, set against the background of rights, duties, and obligations that obtained between persons of set status, should define more clearly than before whatever general agreement exists between these legal principles and those that obtain in African state societies. A more ambitious treatment of the subject than is attempted in this essay would extend beyond Anglo-Saxon society. But, because of the faulty character of early records, I limit this literary exercise to the period before William the Conqueror crossed the Channel.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

The scholarly recovery of the significance of Anglo-Saxon records in prose and verse: a new bibliography

1980 ◽  
Vol 9 ◽  
pp. 223-262 ◽  
Author(s):  
E. G. Stanley
Keyword(s):  
Old English ◽  
English Literature ◽  
Entire Body ◽  
Old English Literature ◽  
Anglo Saxon ◽  
History Of ◽  
The Subject

The new bibliography by Stanley B. Greenfield and Fred C. Robinson of the entire body of publications on Old English literature provides the occasion for reviewing not so much the bibliography itself as the subject it covers. This article is, of course, not a brief history of Anglo-Saxon studies from the dissolution of the monasteries in Henry VIII's reign to the 1970s. It is a highly selective exemplification of some of the changing aims and achievements of scholars when they went to the vernacular records in prose and verse that survive from Anglo-Saxon times.

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