{"title":"Failing to observe holy days","authors":"J. Kirkland","doi":"10.1163/15718190-00880a02","DOIUrl":null,"url":null,"abstract":"\n The implementation of canon law in the medieval ecclesiastical courts is an enigmatic issue. This article focuses on the types of defense arguments made by people accused of failing to observe holy days, as well as how courts judged such excuses. Even though failing to properly observe holy days – nonobservance – was a minor crime, the courts set a high standard when evaluating justifiable excuses for failing to observe holy days. The courts tended to reject most defense arguments. Despite the overall decline of the ecclesiastical courts in the late fifteenth and early sixteenth centuries, there was no decline in the high standards demanded by the courts in nonobservance cases.","PeriodicalId":43053,"journal":{"name":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","volume":"74 6 1","pages":"122-148"},"PeriodicalIF":0.3000,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Tijdschrift Voor Rechtsgeschiedenis-Revue D Histoire Du Droit-The Legal History Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15718190-00880a02","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"HISTORY","Score":null,"Total":0}
引用次数: 0
Abstract
The implementation of canon law in the medieval ecclesiastical courts is an enigmatic issue. This article focuses on the types of defense arguments made by people accused of failing to observe holy days, as well as how courts judged such excuses. Even though failing to properly observe holy days – nonobservance – was a minor crime, the courts set a high standard when evaluating justifiable excuses for failing to observe holy days. The courts tended to reject most defense arguments. Despite the overall decline of the ecclesiastical courts in the late fifteenth and early sixteenth centuries, there was no decline in the high standards demanded by the courts in nonobservance cases.
期刊介绍:
The Legal History Review, inspired by E.M. Meijers, is a peer-reviewed journal and was founded in 1918 by a number of Dutch jurists, who set out to stimulate scholarly interest in legal history in their own country and also to provide a centre for international cooperation in the subject. This has gradually through the years been achieved. The Review had already become one of the leading internationally known periodicals in the field before 1940. Since 1950 when it emerged under Belgo-Dutch editorship its position strengthened. Much attention is paid not only to the common foundations of the western legal tradition but also to the special, frequently divergent development of national law in the various countries belonging to, or influenced by it.