Session Title

Crime or Sin? Rethinking Ideas of Wrongdoing in Medieval Europe

Sponsoring Organization(s)

Iuris Canonici Medii Aevi Consociatio (ICMAC), the International Society of Medieval Canon Law

Organizer Name

Kathleen G. Cushing

Organizer Affiliation

Univ. of Keele

Presider Name

Joseph Goering

Presider Affiliation

Univ. of Toronto

Paper Title 1

"Donec tolleratur": The Sinful Exercise of Unlawful Authority: Civil and Canon Law Approaches

Presenter 1 Name

Guido Rossi Amari

Presenter 1 Affiliation

Univ. of Edinburgh

Paper Title 2

Understanding Crimes and Sins: Distinctions in Practice at the Diocesan Criminal Court at Carpentras, 1487 and 1488

Presenter 2 Name

Elizabeth L. Hardman

Presenter 2 Affiliation

Bronx Community College, CUNY

Start Date

10-5-2014 1:30 PM

Session Location

Valley II Garneau Lounge

Description

Medieval lawyers, theologians and churchmen used a range of terms to describe acts of wrongdoing: culpa (fault), reatus (liability), peccata (sin), and crimen (crime), all of whose connotations and meanings –as well as the nature of their compensation- were far from being as clear-cut as their English translations might suggest. Recent work has explored fundamental shifts in ideas of wrongfulness in light of the distinction of punishable acts (crimen) from other forms of human misconduct (peccata, etc.) which it has been argued became the province of theologians rather than lawyers. Yet the extent to which a shift in the meaning, let alone application, of crime and its separation from sin was so clear cut remains contested. This session invites papers that address ideas of and boundaries between crime, sin and wrongdoing as well as the nature of the development of the Western legal tradition and the history of penance and criminalization.

Kathleen Cushing

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May 10th, 1:30 PM

Crime or Sin? Rethinking Ideas of Wrongdoing in Medieval Europe

Valley II Garneau Lounge

Medieval lawyers, theologians and churchmen used a range of terms to describe acts of wrongdoing: culpa (fault), reatus (liability), peccata (sin), and crimen (crime), all of whose connotations and meanings –as well as the nature of their compensation- were far from being as clear-cut as their English translations might suggest. Recent work has explored fundamental shifts in ideas of wrongfulness in light of the distinction of punishable acts (crimen) from other forms of human misconduct (peccata, etc.) which it has been argued became the province of theologians rather than lawyers. Yet the extent to which a shift in the meaning, let alone application, of crime and its separation from sin was so clear cut remains contested. This session invites papers that address ideas of and boundaries between crime, sin and wrongdoing as well as the nature of the development of the Western legal tradition and the history of penance and criminalization.

Kathleen Cushing