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Crime & Punishment Walk (….Oct 5 th : Last Day!) Assignment dates: Website is up-to-date Sophists & Stoicism…. Stoics & Sophists. Seneca was both! Supported the idea of a ‘just’ king Justice: best interest of citizens Bit of a hypocrite (lavish)
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Crime & Punishment Walk (….Oct 5th: Last Day!) • Assignment dates: Website is up-to-date • Sophists & Stoicism….
Stoics & Sophists • Seneca was both! • Supported the idea of a ‘just’ king • Justice: best interest of citizens • Bit of a hypocrite (lavish) • Cicero was a sophist, but a lawyer & critic of Senica (Stoicism) • Sophism: the art of discourse • Extreme: nothing against which positive law could be tested…… • Expulsion of Philosophers became common after 75BCE (approx.) depending on the city state • Kings become common (as opposed to lottery based democracy, for example)
Early & Middle Ages After the collapse of the Roman Empire...
Continental Europe France Germany Scotland Switzerland Spain Italy ...and more
The Fall of Western Rome (400-500) & Rise of Christianity (600 -1400) • Following a series of dictatorships • Withdrawal of community involvement in polis • Islam & Christianity emerge as threats to power...
Islam & Christianity a Threat? Power greater than the polis – a spiritual monopoly Fit somewhat with the groundwork laid by Stoics
Middle Ages (600-900)Agragarian Societies... Throughout Europe • Communal living • Survival of all • Threat to community livelihood = restorative justice
Feudalism (900-1500s)
Upper Middle Ages 1200s: church & secular struggle for power Expansion of townships More attractive lifestyle Burghers : Live in cities merchants, traders, beggars... Material wealth
Punishable Offenses Threat to church or belief embodied in RC Bible Free will to be ‘good’ • Autonomy • Responsibility Threat to lord or king non payment of rents Sin = Deviance
Magna Charta 1215 Rebellion of Nobles/ Barons Foundation of: English Constitution & Parliament Abuses of King John No one above the law Jury of your Peers Unlawful detainment… But there was the Star Court until 1641… until Habeas Corpus
Thomas Aquinas (1225-1274) Dominican Monk Scholar Rationalism v. Free Will All acts should be chosen to fulfill divine purpose Sex for procreation only
Aquinas Ontology & Law Natural Law • Right to preservation • Procreation • Duty to ‘know God’ Human Law = Natural Law written specific to a time & place Common good: collective concern, not individual
Aquinas Ontology & Law Purpose of Law: To make people virtuous (p.85) Bonum commune Natural law -> Perfectionism Support the Monarchy Divine right of Kings Star Court: Tyranny/Heresy Before we ‘end’ the Middle Ages....
The Middle Ages & The Inquisitions
Timeline of Witchcraft Persecutions 420: Impossibility of weather-magic 1200- Pope Innocent III – threatened by Catharism Challenged how one could communicate with God. 1273: Dominican Monks fuel fires... 1480s: witchcraft defined by Pope Innocent VIII as the biggest threat to Christianity 1480s to 1750s Legally sanctioned Inquisitions: A papal judicial institution that inquired into heresy
Continental Europe France Germany Scotland Switzerland Spain Italy ...and more
Many factors... • Fear of Maleficarus • “wicked” women (latin, maleficus) • But why? • Movie (Thursday) • Weather/Agragarian Societies • Connected to socio-political • Great social upheaval
Droughts & Plagues Crop Failures Rising grain prices Debt Inflation (city) Starvation Malnutrition Poor Health – Plague Class Tensions...(p.20)
Malleus Maleficarum, 1486 “Witch Hammer” Kramer & Sprenger Germany • Means of discovery • Guidelines for trial and execution • Trials – crop failures (p. 18)
Systemic Punishment:Witch Trials Community Centred • Goal of Punishment: penance • Children under 7? • Guilt tied to punishment • Torture • No witnesses for accused • Confession = last rites • Effort to appear just and fair
Goals of Justice & Types of Punishment Culture is the context in which collective action takes place (p. 19) Rituals of a Thousand Deaths Purifying Pain or Edifying Shame Making things ‘right’ again with God (lextalionis)
Despite initial Church insistence, witches were believed to practice weather magic • Illness followed with starvations (children) • Scarce resources shaped the social relations • Witch trials ‘validated’ the process • more acusations
Contemporary Relevance? “...the recent violence is fueled not by the nation's widespread belief in black magic but instead by economic jealousy born of a mining boom that has widened the country's economic divide and pitted the haves against the have-nots.”