>>> Item number 465, dated 94/02/04 07:30:45 -- ALL
Date: Fri, 4 Feb 1994 07:30:45 -0600 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@uxa.ecn.bgu.edu Subject: Medieval Punishment & Pardon
From: IN%"Patricia.McCune@um.cc.umich.edu" 1-FEB-1994 15:16:01.01 I have been involved in a project concerning criminal responsibility, reconciliation and retribution in late medieval England. My focus has been on attitudes regarding punishment and pardon, and on how those beliefs influenced governance in the period 1350-1550. I would appreciate hearing from or of those who are looking at jury behavior in courts other than the central royal courts--on the manor or in the borough, for example--as well as those who are working on arbitration and dispute resolution. Please contact Pat McCune at: patricia.mccune.um.cc.umich.edu, or Program in British Studies, 4619 Haven Hall, University of Michigan, Ann Arbor, MI 48109-1045.
>>> Item number 469, dated 94/02/05 10:34:04 -- ALL
Date: Sat, 5 Feb 1994 10:34:04 -0600 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@uxa.ecn.bgu.edu Subject: Re: Medieval Punishment & Pardon
To: Patricia McCune
From Deborah Rosen, RD#3@lafibm.lafayette.edu or
My own work (on civil dispute resolution in eighteenth century New York) is somewhat remote from yours, but I have come across several publications that might be useful to you. First of all, in addition to Thomas Green's edited collection (referred to in an earlier response), see also his book VERDICT ACCORDING TO CONSCIENCE: PERSPECTIVES ON THE ENGLISH CRIMINAL TRIAL JURY, 1200-1800. Other authors writing about English/European litigation (mostly civil) include C.W. Brooks, Wendy Davis, R.H. Helmholz, David Millon, and James Oldham. See also edited collections by Antonio Padoa-Schioppa and John Bossy.
You might also want to check the following three special journal issues: THE JOURNAL OF LEGAL HISTORY (1987 jury issue), the LAW & SOCIETY REVIEW (1980-81 issue on dispute processing), and the UNIVERSITY OF CHICAGO LEGAL FORUM (1990 issue on civil dispute resolution).
Litigation patterns in the United States have been analyzed by William E. Nelson, Bruce Mann, Lawrence Friedman, Morton Horwitz, Thomas Church, Francis Laurent, Wayne McIntosh, John Murrin, Robert Silverman, and David Trubek (as well as David Konig, who was previously mentioned). Books on the American trial jury have been written by Harry Kalven & Hanz Zeisel, Rita James Simon, Valerie Gans & Neil Vidman, and John Guinther. Finally, there is a large literature on the sociology and anthropology of dispute resolution that might be of interest to you by such people as Richard Abel, Vilhelm Aubert, Maureen Cain, William Festiner, Marc Galanter, Laura Nader, Robert Kidder, Richard Lempert, Lynn Mather, and Austin Sarat, and there are, in addition, many books and articles written on pardoning and plea bargaining in the American criminal justice system.
>>> Item number 473, dated 94/02/09 07:38:21 -- ALL
Date: Wed, 9 Feb 1994 07:38:21 -0600 Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET> Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: cfcrw@uxa.ecn.bgu.edu Subject: Re: Medieval Punishment & Pardon
This message was originally submitted by FLCHEYETTE@AMHERST.
Patricia: In case you have not already done so, your query should also go out over the mediev-l bulletin board. There was quite recently a "thread" there on the subject of late-medieval criminal justice.
>>> Item number 478, dated 94/02/09 20:13:27 -- ALL
Date: Wed, 9 Feb 1994 20:13:27 -0600
Reply-To: Legal History discussion list <H-LAW@UICVM.BITNET>
Sender: Legal History discussion list <H-LAW@UICVM.BITNET>
From: cfcrw@uxa.ecn.bgu.edu
Subject: Re: Medieval Punishment & Pardon
You might also look into Foucault's, "Discipline and
Punish" which gives a very interesting reading of Enlightenment changes to the technology of power.
Also, look at Langbein's, "Prosecuting Crime in the Renaissance", and, although about Early Modern Europe, Richard van Dulmen's "Theatre of Horror".
These might be of interest.
Rob K. Omura,
Univ. of Calgary
e-mail: romura@acs.ucalgary.ca