Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-22T10:51:27.371Z Has data issue: false hasContentIssue false

9 - Crime and Law in Europe

from Part II - The Violence of Governments and Rulers

Published online by Cambridge University Press:  13 March 2020

Matthew S. Gordon
Affiliation:
University of Miami
Richard W. Kaeuper
Affiliation:
University of Rochester, New York
Harriet Zurndorfer
Affiliation:
Universiteit Leiden
Get access

Summary

This chapter explores the relationship between law, crime and violence. It begins by setting out a fairly standard historiographical narrative that, as polities coalesced and became more powerful over the course of the Middle Ages, so the law and legal mechanisms which underpinned political structures of power became more efficient.The rediscovery of Justinian’s Digest of Roman law in late eleventh-century Italy and a subsequent emphasis on Roman law in medieval Europe, is presented as pivotal. This paradigm is, however, then complicated in a number of ways. The legal prosecution of violence continued to be dependent upon the cooperation and involvement of communities. The courts’ growing interest in equity and the examination of fact as well as just law, further problematizes the picture. Roman law co-existed alongside customary law and canon law; this kind of pluralism is set beside the diffusion of justice across fragmented political units. Vengeance continued to be a powerful motivator both in episodes of interpersonal violence, and in the logic underpinning the law itself. Far from contributing to a state monopoly of violence, law most often aimed to channel and circumscribe violence rather than entirely to prohibit it. The essay ends by examining the methodological implications of these considerations.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bibliographical Essay

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×