Sara McDougall - Böcker

The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both parents. To inherit a royal or noble title, being born to the right father mattered immensely, but also being born to the right kind of mother. Such parents could provide the most promising futures for their children, even if doubt was cast on the validity of the parents' marriage. Only in the late twelfth century did children born to illegal marriages begin to suffer the same disadvantages as the children born to parents of mixed social status. Even once this change took place we cannot point to 'the Church' as instigator. Instead, exclusion of illegitimate children from inheritance and succession was the work of individual litigants who made strategic use of Christian marriage law. This new history of illegitimacy rethinks many long-held notions of medieval social, political, and legal history.

A spellbinding narrative history that defies modern assumptions about women’s lives in the Middle Ages and informs contemporary debates about sexual violence and the limits of justiceIn the winter of 1472, the city of Dijon, France, became the stage for a remarkable legal drama. On the mayor’s orders, an investigator named Jaques Borestel went door-to-door questioning his neighbors about an alleged sexual assault—and about the victim’s history and place in the community. At the center of Jaques’s inquiry was a woman named Jehanne, who took the unusual step of making a criminal complaint in an age when victims of sexual violence did so at their own peril. Justice for Jehanne follows Jaques’s investigation as he uncovers one woman’s story of resilience and survival.Applying forensic analysis to witness testimony and Jaques’s case files, Sara McDougall finds in Jehanne a woman of many lives and many secrets. An outsider on her own in Dijon, Jehanne had every reason to distrust the local authorities, who regularly extorted money from the city’s most vulnerable residents. Separating facts from falsehoods, McDougall challenges preconceptions about the experiences of marginalized women in medieval France, showing how neighbors, clergy, and other residents aided Jehanne throughout her legal struggles—and how justice of a sort was exacted from her attackers.Richly detailed and powerfully told, Justice for Jehanne paints an unforgettable portrait of a woman who mounted an extraordinary response to a crime that was so difficult to prosecute at the time, and of a community that gave her shelter, protection, and acceptance as she endeavored to survive on her own terms.

The institution of marriage is commonly thought to have fallen into crisis in late medieval northern France. While prior scholarship has identified the pervasiveness of clandestine marriage as the cause, Sara McDougall contends that the pressure came overwhelmingly from the prevalence of remarriage in violation of the Christian ban on divorce, a practice we might call "bigamy." Throughout the fifteenth century in Christian Europe, husbands and wives married to absent or distant spouses found new spouses to wed. In the church courts of northern France, many of the individuals so married were criminally prosecuted.In Bigamy and Christian Identity in Late Medieval Champagne, McDougall traces the history of this conflict in the diocese of Troyes and places it in the larger context of Christian theology and culture. Multiple marriage was both inevitable and repugnant in a Christian world that forbade divorce and associated bigamy with the unchristian practices of Islam or Judaism. The prevalence of bigamy might seem to suggest a failure of Christianization in late medieval northern France, but careful study of the sources shows otherwise: Clergy and laity alike valued marriage highly. Indeed, some members of the laity placed such a high value on the institution that they were willing to risk criminal punishment by entering into illegal remarriage. The risk was great: the Bishop of Troyes's judicial court prosecuted bigamy with unprecedented severity, although this prosecution broke down along gender lines. The court treated male bigamy, and only male bigamy, as a grave crime, while female bigamy was almost completely excluded from harsh punishment. As this suggests, the Church was primarily concerned with imposing a high standard on men as heads of Christian households, responsible for their own behavior and also that of their wives.

What constituted a crime 2,500 years ago, and how was criminal activity dealt with? How has our definition of justice evolved over time alongside developments in law, society, religion and class structures? 36 experts address these pressing questions in a six-volume reference set that spans 2,500 years of human history. Integrating perspectives from history, cultural studies, philosophy and classics, this globally-focused work traces developments in the ever-changing criminal and justice worlds against a variety of social, legal and cultural contexts. Individual volume editors ensure the cohesion of the whole, and to make it as easy as possible to use, chapter titles are identical across each of the volumes. This gives the choice of reading about a specific period in one of the volumes, or following a theme across history by reading the relevant chapter in each of the six.The six volumes cover: 1. Antiquity (500 BCE - 800 CE); 2. Medieval Age (800 - 1450); 3. Renaissance (1450 - 1650) ; 4. Age of Enlightenment (1650 - 1800); 5. Age of Empire (1800 - 1920); 6. Modern Age (1920 – 2000+).Themes include crime, types of criminal, law enforcement, sanctions and representations of crime and punishment. The page extent is approximately 1,728 pp. with c. 300 illustrations. Each volume opens with notes on contributors, a series preface and an introduction, and concludes with notes, bibliography and an index.