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Bone English Edition. Workin' It! Slow Burn - saison 2 Sous ta protection French. Bad King English Edition. Vagabond The Christian and Anxiety English Edition. Dynamics for Finance and Operations. Caring for the Physical and Mental Health of. Autobiography of a Hunted Priest English Edition. Almost every local delinquent was allowed to count on the intercession of his family, his friends, employers and notabilities like the parish priest, and members of the lesser or higher nobility. To intercede on behalf of delinquents was not an altruistic act at all: for the better ones, it was a means of cementing the social bonds of subordination; for the families involved, it was of utmost importance in order to avoid their 'social death', since any infamous punishment affected not only the offender, but also his entire kinship which would have been stigmatized for generations.
Five out of these persons one murderer and four thieves were finally executed; another five were put in the pillory and expelled; 13 had to pay a fine and were expelled for a certain term; 4 were imprisoned for several days, whereas just a fine was imposed on persons for a wide range of offenses, including manslaughter and serious assault, as well as minor fraud and nightly disturbance of the peace. It was not the seriousness of the misdeed which decided the sentence, but rather the social context of the offender and the social assistance granted to him.
The good luck of local delinquents could easily become the misfortune of foreign ones; vagrants and pedlars, servants and maidens, virtually risked their lives in all cases of being accused of serious offenses. The collaboration of members of the community was of crucial importance for the success of a criminal process. Several recent studies try to underline the active role of communities in initiating prosecutions for witchcraft; most of these prosecutions reflected long-standing animosities, tensions, conflicts and all kinds of 'factionalism' within villages and towns At the same time, the prosecutions for witchcraft as well as for other crimes bear witness to the limitations of traditional modes of conflict resolution, and of preventive means of social control like gossip, rumour and scandal.
Finally, they were not inherently better or fairer than judicial decisions, and going to court was sometimes the sole possibility left to the poor and powerless groups for creating a forum for their version of what had happened and of getting justice. The Verrechtlichung of disputes about various customs and privileges between authorities and subjects following the German Peasant War gives a good example of the way in which legal procedures were employed as instrumental 'weapons of the weak' Thus, more and more local residents appeared before the courts both as complainant and defendant in the late 17th and 18th centuries.
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That development could have been an effect of the 'generalization' of crime above all of thefts and prostitution , since a great deal of the labouring poor were dependent on delinquent behaviour to secure their subsistence. It criminalized a whole range of customs formerly regarded as a legitimate and legal prerogative of the poor; it instituted a competent administration able to decide criminal matters according to the logic of formal justice; and it made the access to courts easier for everybody by abolishing all sort of fees.
We should not expect that all that was done in accordance with opinions as to what is good and right. Legislators act in accordance with their own interests. But the fact that it is often belated is evidence that it is not simply a dependent variable in the service of economic development. Not only do economic interests conflict and pull both legislation and administration in different directions; non-economic considerations have their say, and questions of morality and social prejudices intervene" The criminalization of the theft of wood dropped to a fertile soil; we should not wonder that yearly average of As social scientists familiar with the results of criminological research, we know very well that we are only able to grasp a minimal fraction of 'real crime' when rooting through the archives of justice.
The question then is whether that fraction is in any way representative of what had been left out.
Those methodological considerations are determining the ongoing debate about the 'from-violence-to-theft' theory At the same time, it is not only a debate about the usefulness of quantitative research, but also about the historical appropriateness of theories describing cultural and socio-economic changes, as well as the real or imagined effects of these changes: civilization, modernization and capitalistic industrialization, de synchronization of popular and elite cultures. A different standard has been taken by Schwerhoffs analysis of Cologne, namely the number of persons imprisoned after having been accused of a crime more than half of these persons were released after several days of imprisonment without any trial or sanction at all.
Consequently he concluded that theft did by no means dominate - especially in comparison with violent crimes - the wide range of behaviour regarded as criminal or deviant, although theft possessed an uncontested leading position within the field of serious crime finally punished In the nearby jurisdiction of the monastery of St. It was not unusual that the authorities and judges tried to reconcile the conflicting parties whenever possible in order to keep the neighbourhood and the community quiet Lethal violence was rapidly decreasing since the end of the Thirty Years' War, as did the use of public executions.
The liturgy of violent death at the gallows or the scaffold became a rare event in the course of the 18th century: Freiburg witnessed six executions one woman for infanticide, one man for counterfeiting, and four men for larceny during the years ; Konstanz ten three women and seven men exclusively for larceny ; and St. The latter development can be seen in proceedings initiated before the courts of both high and low justice.
The criminal act "fornication" used to define deviant sexual behaviour had been an invention of the 16th century, but it was not completely criminalized until the early 17th century Society and the legal system were actually 'modernized' and were 'modernizing', but even then charges of violent crimes were more rapidly increasing than charges of larceny.
Thus, 'modernity' is not to be measured by pointing out changing theft-violence-ratios produced by the selectivity of biased legal institutions while the degree of acculturation to official justice is neglected. Any analysis of rule-governed institutions aimed at maintaining social order - the "ruled-centered paradigm" has to be linked to the analysis of disputing behaviour - the "processual paradigm".
Legal systems have always consisted of codified rules and procedures and an unwritten and apparently irregular disputing behaviour; their "cultural logic" can only be understood if form and content of both elements as well as the application of norms for the purpose of dispute settlement are regarded to be generated from the same source: the ideological universe of culture and social organization that produces and is reproduced by rules and processes alike Further essays in interpretative anthropology, New York, , p. Schweizerische Ketzer-, Zauberei-und Hexenprozesse des Jahrhunderts, Hamburg, ; S.
Diebstahl, Eigentumsschutz und strafrechtliche Kontrolle im vorindustriellen Baden , in R. M, , p. Verbrechen und Strafen in Kurbayern vom Jahrhundert, in R. Winterthur, , p. IVES, A. East Anglia , Oxford, The Origin of the Black Act, Harmondsworth , p. Jahrhundert, Sigmaringen, Studien zur Geschichte des Strafverfahrens in Deutschland vom Jahrhundert, Leipzig, ; J.
Ein Beitrag zu einer Theorie sozialer Evolution, Frankfurt a. POHL et al. POHL eds. Ein Beitrag zur Entwicklungs-geschichte des Polizeibegriffs und seiner herrschaftspolitischen Dimensionen von der Antike bis ins Jahrhunderts, in H. Parallelen, Positionen, Frankfurt a. SIMON cds. Geschichte und Theorie, 2, Frankfurt a. Ein Beitrag zur Geschichte der Kabinettsjustiz vornehmlich des Jahrhunderts, in S. Studien zur Agrargeschichte des badischen Breisgaus vom Beginn des Jahrhunderts, Freiburg i. Jahrhunderts, Lippische Mitteilungen aus Geschichte und Landeskunde, , 43, p.
Zur Wirkungsweise und Funktion staatlicher Strafverfolgung im Jahrhundert, in H. REIF ed. Jahrhundert, Frankfurt a. EVANS ed. Ein Beitrag zur Geschichte der deutschen Partikular-strafgesetzgebung im Jahrhundert, Freiburg i.
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Aspekte der Polizeigeschichte, in A. Polizei, Gesellschaft und Herrschaft im Jahrhunderts, in M. Festschrift fur Sten Gagner zum Geburtstag, Aalen, , p. Ein kriminalpolitischer Beitrag zur Suche nach altemativen Sanktionsformen, Berlin, , p. Tensions et conflits locaux: Dommartin , Lausanne, ; R. Magie und Imaginationen, Frankfurt a. Zur Funktion des Rechts im absolutistischen Bayern, in K.
Geburtstag, Berlin, , p. Gewalt und Ehre im Dorf, in R. Bayerisches Volksleben vom Ergebnisse einer Auswertung von Gerichtsprotokollen, Ostbairische Grenzmarken, , 29, p. Jahrhunderts dargestellt am Tatbestand der Fornikation, Berlin, ; A. Diebstahl, Eigentumsschutz und strafrechtliche Kontrolle im vorindustriellen Baden, , in R.
Jahrhunderts, in E. Dillmann Ed. The PUSL publishes scientific works, both individual and collective. Version classique Version mobile. Rechercher dans le livre. Citer Partager. Texte Notes Auteur.