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Everyday Crime, Criminal Justice and Gender in Early Modern Bologna最新文献

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Women’s Roles, Institutions, and Social Control 妇女的角色、制度和社会控制
Pub Date : 2020-11-25 DOI: 10.1163/9789004440593_003
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引用次数: 0
Conclusion 结论
Pub Date : 2020-11-25 DOI: 10.1163/9789004440593_008
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引用次数: 0
Theft and Its Prosecution 盗窃及其起诉
Pub Date : 2020-11-25 DOI: 10.1163/9789004440593_007
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引用次数: 0
The Torrone and the Prosecution of Crimes Torrone和对犯罪的起诉
Pub Date : 2020-11-25 DOI: 10.1163/9789004440593_004
S. Muurling
On 6 June 1654 a surgeon from one of Bologna’s hospitals reported Carlo Masina’s severe and ‘suspicious’ wounds to the criminal court.1 Upon interrogation, the dying Carlo pointed to three men (Domenico Pino, and Francesco and Alessandro Lambertini) and one woman (Diamante, Domenico’s wife) as the culprits. Earlier, Carlo had seen Domenico talking to ‘certain persons’ in one of the city’s many taverns and had mentioned that his behaviour did not befit a gentiluomo (gentleman), but a becco fotuto (fucking cuckold). Their quarrel escalated a day later when Domenico was waiting for him with a drawn sword, accompanied by his wife Diamante and the Lambertini brothers. When Carlo tried to duck the stones Diamante and the brothers were throwing at him, Domenico struck him with his sword, causing wounds which would eventually prove fatal for Carlo. Domenico was able to turn the capital punishment he received into a pardon through a peace accord with Carlo’s kin and the Lambertini brothers were exiled. Although her role in the homicide was similar to that of the brothers, no sentence is recorded for Diamante. While the criminal court records do not provide any information as to why Diamante got off so lightly compared to her male co-offenders, perceptions of gender may well have been at play. After all, differences in recorded and prosecuted crime are linked to moral and legal norms, which differed according to offence category as well as the ‘quality’ of the offender and victim – gender being one of the constituents that magistrates took into consideration when judging a crime. This chapter examines the relationship between criminal prosecution patterns and gender in early modern urban Bologna through the lens of the authorities. By examining both normative writings such as the city’s criminal bylaws and a sample of the Tribunale del Torrone’s investigation dossiers (processi), it sheds light on the legal attitudes and practices of prosecution that played a significant role in shaping women’s formal encounters with the law in urban Bologna. This chapter begins with an overview of the legal landscape and the organisation of the criminal justice system in early modern Bologna. It then discusses how criminal justice was administered, what procedures it followed and what prosecutorial priorities it established in the criminal bylaws. This will reveal that although the procedures and laws in themselves may appear relatively
1654年6月6日,博洛尼亚一家医院的一名外科医生向刑事法庭报告了卡洛·马西纳严重的“可疑”伤口在审讯中,垂死的卡罗指出三个男人(多梅尼科·皮诺、弗朗西斯科和亚历山德罗·兰伯蒂尼)和一个女人(多梅尼科的妻子迪亚曼特)是罪犯。早些时候,卡罗看见多梅尼科在城里的一家小酒馆里和“某些人”说话,就说他的行为不像绅士,而像个戴绿帽子的人。一天后,当多梅尼科在妻子迪亚曼特和兰伯蒂尼兄弟的陪同下,拿着一把拔出的剑等着他时,他们的争吵升级了。当卡罗试图躲避迪亚曼特和兄弟们扔向他的石头时,多梅尼科用剑击中了他,造成了卡罗致命的伤口。多梅尼科通过与卡罗的亲属达成和平协议,将他收到的死刑变成了赦免,兰伯蒂尼兄弟被流放。虽然她在谋杀案中的角色与两兄弟相似,但戴曼特没有被判刑。虽然刑事法庭记录没有提供任何信息,说明为什么与她的男性共犯相比,迪亚曼特受到的惩罚如此之轻,但性别观念很可能在起作用。毕竟,记录和起诉犯罪的差异与道德和法律规范有关,这些规范根据犯罪类别以及罪犯和受害者的“素质”而有所不同-性别是治安法官在判断犯罪时考虑的因素之一。本章通过当局的视角考察近代早期博洛尼亚城市的刑事起诉模式与性别之间的关系。通过研究城市刑事条例等规范性著作和托罗内法庭调查档案(过程)的样本,它揭示了在塑造博洛尼亚城市妇女与法律的正式接触方面发挥重要作用的法律态度和起诉做法。本章开始与法律景观的概述和刑事司法系统的组织在早期现代博洛尼亚。然后讨论如何执行刑事司法,遵循什么程序以及在刑事条例中确定了哪些起诉优先事项。这将揭示,虽然程序和法律本身可能出现相对
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引用次数: 0
Violence and the Politics of Everyday Life 暴力与日常生活中的政治
Pub Date : 2020-11-25 DOI: 10.1163/9789004440593_006
S. Muurling
On Tuesday 17 March 1705 a notary from Bologna’s Tribunale del Torrone visited Maddalena Faesini at her sickbed in the Ospedale di Santa Maria della Vita to interrogate her about the life-threatening wounds to her face that brought her there.1 She stated that she had received many blows to the head and jaw with an unidentified blunt object from a woman called Domenica Gombi. They knew each other and lived in the same street, and Maddalena suggested having been beaten up so badly because Domenica believed she had badmouthed her to the merchant they both worked for, presumably as spinners or weavers. The investigation of this injury, which had not only slashed the skin on Maddalena’s face but also caused her teeth to fall out, was halted when the two made peace roughly two weeks later. The casebooks of Bologna’s criminal court’s notaries are filled with violent altercations similar to this incident. Though discordant with normative expectations of women, these aggressions were an integral part of the day-to-day lives of male and female artisans, peddlers and labourers in Bologna’s dense urban fabric. These violent altercations were also considered an unwelcome interaction worth denouncing to the court. This chapter explores the gendered dynamics of these quotidian violent behaviours recounted in the Tribunale del Torrone’s denunciations and processi between the middle of the seventeenth and eighteenth centuries. Through the examination of these criminal court records, this chapter will draw attention to the distinguishing features of early modern Italy’s culture of violence and, importantly, establish women’s place in it. It will ultimately argue that women’s violent behaviour was far too common to be viewed as an anomaly. To this end, this chapter will first discuss the particular place of Italy, as a representative of the ‘southern pattern,’ in European comparisons of longterm patterns of violence. It will deal with how violence was regarded in the eyes of the law and how it was dealt with in practice, as the culture of violence went hand in hand with that of reconciliation throughout the early modern period. The next sections scrutinise women’s participation in homicide as well as verbal aggression and, importantly, a wide range of non-fatal physical acts of violence. This chapter builds on recent scholarship that includes the pettier forms of violence in its analysis, which were far more common than their
1705年3月17日星期二,博洛尼亚《托罗内论坛报》的一名公证人来到圣玛丽亚德拉维塔医院的病床前,询问她脸上危及生命的伤口她说,她的头部和下巴被一名名叫Domenica Gombi的妇女用不明钝器多次击打。她们彼此认识,住在同一条街上。玛达莱娜说,她之所以被打得这么惨,是因为多梅尼卡认为她在她们一起工作的商人那里说了她的坏话,那个商人大概是纺纱工或织布工。这一伤口不仅划破了马达莱娜脸上的皮肤,还导致她的牙齿脱落。大约两周后,两人和解,对这一伤口的调查停止了。博洛尼亚刑事法庭公证人的案卷中充满了类似于这起事件的暴力争吵。尽管与女性的规范期望不一致,但这些侵犯行为是博洛尼亚密集城市结构中男性和女性工匠、小贩和劳动者日常生活中不可或缺的一部分。这些暴力争吵也被认为是不受欢迎的互动,值得向法庭告发。本章探讨了这些日常暴力行为的性别动态,这些暴力行为在17世纪中期和18世纪之间的《托罗内论坛报》的谴责和过程中被叙述。通过对这些刑事法庭记录的审查,本章将提请注意早期现代意大利暴力文化的显著特征,重要的是,确立妇女在其中的地位。它最终会提出,女性的暴力行为太普遍了,不能被视为一种反常现象。为此,本章将首先讨论意大利在欧洲长期暴力模式比较中的特殊地位,作为“南方模式”的代表。它将讨论法律如何看待暴力以及在实践中如何处理暴力,因为在整个现代早期,暴力文化与和解文化齐头并进。下一节将详细讨论妇女参与杀人和言语攻击,更重要的是,讨论一系列非致命的身体暴力行为。这一章建立在最近的学术研究的基础上,这些研究在其分析中包括了更小形式的暴力,这些暴力比他们的暴力更常见
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引用次数: 0
Appendix: Information on Samples 附录:样品信息
Pub Date : 2020-11-25 DOI: 10.1163/9789004440593_009
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引用次数: 0
Denunciations and the Uses of Justice 谴责和司法的使用
Pub Date : 2020-11-25 DOI: 10.1163/9789004440593_005
S. Muurling
On 6 March 1755 Lucia Tessoni, a married spinner of stockings, was treated for a head wound at the Ospedale di Santa Maria della Morte, nearby what is known today as Bologna’s Piazza Maggiore.1 Notified by the surgeon who treated her ‘suspicious wounds,’ a notary from Bologna’s criminal court visited Lucia at her bedside to ask what had put her in this precarious position.2 The situation she described was that of a quarrel that escalated between her and her neighbour Gertrude Carolini. It started out with simple verbal insults, which Lucia decided to denounce to the criminal court. A month later, the two women encountered each other each other again in the loggia of their apartment building and Gertrude started insulting her once more. Lucia warned her that it would be wise to leave her alone; otherwise she would lodge a further complaint against her. As Gertrude replied that she feared nobody, the heated exchange escalated into a fight in which Lucia received blows to her head with a hammer; an attack from which Lucia died later that month. While Lucia’s recourse to the court ended up being in vain for her personally, this example stands as a testament to the agency of ordinary women as litigants – latitude that has had only little attention in earlier scholarship. The previous chapter discussed the offences that came before Bologna’s early modern criminal court primarily from the perspective of the prosecution policies of the authorities. Like other early modern criminal courts, however, the Torrone was more than an instrument for the authorities to impose top-down control on its inhabitants. Examining in detail the separately stored denunciations will demonstrate the importance of Bologna’s early modern criminal court as a forum for conflict resolution, employed instrumentally and strategically by men and women to pursue their grievances. It will also bring to the fore a richer tableau of women’s crimes more representative of their everyday lives than the formal investigations could depict. This chapter begins with the historiography on women’s use of justice in early modern Europe. Together with prescriptive literature, the relatively weak legal position women had in Roman law has provided fuel for notions of a North-South divergence related to the access to and uses of justice. The first section will discuss recent works that call for caution and indicate that the
1755年3月6日,已婚的丝袜纺工露西娅·特索尼(Lucia Tessoni)在圣玛丽亚·德拉·莫特医院(Ospedale di Santa Maria della Morte)接受头部伤口治疗,该医院位于今天著名的博洛尼亚马乔雷广场(Piazza maggiore)附近。1由治疗她“可疑伤口”的外科医生通知,博洛尼亚刑事法院的一名公证人来到露西娅的床边,询问是什么让她处于这种危险的状态她描述的情况是她和邻居格特鲁德·卡罗里尼之间的争吵升级。一开始只是简单的口头侮辱,露西亚决定向刑事法庭告发。一个月后,这两个女人在公寓的凉廊里再次相遇,格特鲁德又开始侮辱她。露西娅警告她,让她一个人呆着是明智的。否则她会对她提出进一步的控告。格特露回答说她谁也不怕,于是激烈的争吵升级为一场打斗,露西娅的头被人用锤子敲了一下;当月晚些时候,露西娅就死于这次袭击。虽然露西亚向法院求助最终对她个人来说是徒劳的,但这个例子证明了普通女性作为诉讼当事人的代理——在早期的学术研究中很少受到关注。前一章主要从当局起诉政策的角度讨论了博洛尼亚早期现代刑事法院审理的罪行。然而,像其他早期现代刑事法庭一样,托罗内法庭不仅仅是当局对其居民实施自上而下控制的工具。详细研究这些单独存放的谴责将显示博洛尼亚早期现代刑事法院作为解决冲突的论坛的重要性,男男女女利用它来寻求他们的不满。与正式调查所能描绘的相比,它还将展现出更丰富的女性犯罪画面,更能代表她们的日常生活。本章从近代早期欧洲妇女运用司法的史学研究开始。加上说明性文献,妇女在罗马法中的法律地位相对薄弱,助长了有关获得和使用司法的南北分歧的观念。第一部分将讨论最近的工作,呼吁谨慎,并指出
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引用次数: 0
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Everyday Crime, Criminal Justice and Gender in Early Modern Bologna
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