{"title":"中世纪晚期加泰罗尼亚的死刑。证据和意义","authors":"Rogerio R. Tostes","doi":"10.1080/2049677X.2021.1908937","DOIUrl":null,"url":null,"abstract":"This book is a major contribution to the analysis of the development of criminal institutions in the Late Middle Ages. The book is framed within the context of the author’s in-depth debates about sources and is sensitive to changes on the European continent from the tenth to the fifteenth centuries. It fills a gap in scholarship about the varied mosaic of jurisdictional rivalries that explain criminal practices on the imputability and evolution of legal institutions, such as the death penalty. As the author explains in his introduction, the book’s entire subject was conceived through academic events in which he participated. Under the sponsorship of the Laboratoire de Médiévistique Occidentale de Paris, Sabaté presented the first results of his research at a seminar organised at the invitation of Claude Gauvard, a renowned expert on the history of violence in France. Subsequently, both scholars participated in the next congress at the Crime History Centre of the Basque Country, alongside other prominent specialists such as Andrea Zorzi and Martine Charageat. At this event, an essential comparative focus was applied to the subject of the death penalty in late-medieval societies. From this meeting emerged the first version of this book, which led the author to expand his research material to the current version that is now published. Coincidentally, in the same year that Death Penalty in Late-Medieval Catalonia was published, Gauvard also released a book conceived at the same meeting: Condamner à mort au Moyen Âge. These two monographs have much in common with the interpretation of the creation of the modern state developed by Jean-Philippe Genet and Wim Blockman in recent decades. Both books present reasoning concerned with the symbolic aspect of violence as an instrument of social pacification, as well as its incorporation into a state’s political discourse. According to its prospectus, Sabaté’s book claims to be a synthesis covering the late medieval period, during which Catalonia’s historical advent took place. 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引用次数: 1
摘要
这本书是对中世纪晚期刑事制度发展分析的重要贡献。这本书是在作者对来源进行深入辩论的背景下编写的,对10世纪至15世纪欧洲大陆的变化很敏感。它填补了学术界对各种管辖权竞争的空白,这些竞争解释了刑事实践对法律制度(如死刑)的可指责性和演变的影响。正如作者在引言中所解释的那样,这本书的整个主题都是通过他参与的学术活动来构思的。在西方巴黎博物馆的赞助下,萨巴特应法国著名暴力史专家克劳德·高瓦德的邀请,在一次研讨会上发表了他的第一个研究结果。随后,两位学者与Andrea Zorzi和Martine Charageat等其他著名专家一起参加了巴斯克国家犯罪历史中心的下一届大会。在这次活动中,对中世纪晚期社会的死刑问题进行了重要的比较关注。这次会议产生了这本书的第一个版本,这使得作者将他的研究材料扩展到现在出版的当前版本。巧合的是,就在《中世纪晚期加泰罗尼亚的死刑》出版的同一年,高瓦德也在同一次会议上出版了一本书:《Condamneràmort au Moyenège》。这两部专著与让-菲利普·热内和维姆·布洛克曼近几十年来对现代国家创建的解释有很多共同之处。这两本书都提出了关于暴力作为社会安抚工具的象征性方面的推理,以及将其纳入国家政治话语的推理。根据其招股书,萨巴特的书声称是一本涵盖中世纪晚期的综合书,加泰罗尼亚的历史出现发生在这段时期。也就是说,萨巴特正在划定一个历史时期,从第一个县的形成开始,因为加洛林王朝的统治从第十个县开始逐渐失去控制
Death penalty in late-medieval Catalonia. Evidence and significations
This book is a major contribution to the analysis of the development of criminal institutions in the Late Middle Ages. The book is framed within the context of the author’s in-depth debates about sources and is sensitive to changes on the European continent from the tenth to the fifteenth centuries. It fills a gap in scholarship about the varied mosaic of jurisdictional rivalries that explain criminal practices on the imputability and evolution of legal institutions, such as the death penalty. As the author explains in his introduction, the book’s entire subject was conceived through academic events in which he participated. Under the sponsorship of the Laboratoire de Médiévistique Occidentale de Paris, Sabaté presented the first results of his research at a seminar organised at the invitation of Claude Gauvard, a renowned expert on the history of violence in France. Subsequently, both scholars participated in the next congress at the Crime History Centre of the Basque Country, alongside other prominent specialists such as Andrea Zorzi and Martine Charageat. At this event, an essential comparative focus was applied to the subject of the death penalty in late-medieval societies. From this meeting emerged the first version of this book, which led the author to expand his research material to the current version that is now published. Coincidentally, in the same year that Death Penalty in Late-Medieval Catalonia was published, Gauvard also released a book conceived at the same meeting: Condamner à mort au Moyen Âge. These two monographs have much in common with the interpretation of the creation of the modern state developed by Jean-Philippe Genet and Wim Blockman in recent decades. Both books present reasoning concerned with the symbolic aspect of violence as an instrument of social pacification, as well as its incorporation into a state’s political discourse. According to its prospectus, Sabaté’s book claims to be a synthesis covering the late medieval period, during which Catalonia’s historical advent took place. That is, Sabaté is delimiting a historical period beginning with the formation of the first counties as the Carolingian rule gradually lost control from the tenth
期刊介绍:
Comparative Legal History is an international and comparative review of law and history. Articles will explore both ''internal'' legal history (doctrinal and disciplinary developments in the law) and ''external'' legal history (legal ideas and institutions in wider contexts). Rooted in the complexity of the various Western legal traditions worldwide, the journal will also investigate other laws and customs from around the globe. Comparisons may be either temporal or geographical and both legal and other law-like normative traditions will be considered. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome.