blanc wrote:Statistics for rape, and false accusations of rape are seriously skewed by a legal system which makes it very difficult to get convictions, or as one criminal lawyer stated on a BBC prog. very easy to get the accused off.
Well, rape rarely has third-party witnesses as it's an intimate act, and it's more important that the innocent go free than that the guilty are punished, which is the basis of our legal system. Well, it's meant to be, anyway.
According to the lawyer mentioned above, a standard technique is to make the victim out to be a liar
I'm not sure what other defence may be available. In most cases with strong supporting physical evidence a guilty plea will be entered, if a case goes to court with such evidence I would expect a jury to convict, juries are notoriously fond of being "blinded by science", as the saying goes. In any case which comes down to witness testimony some fancy-pants version of "you're a liar" is the only defence generally available.
After all a lawyer's only duty is to his client.
compared2what? wrote:It is, but I'm not so sure the law you're citing is meaningfully "medieval."
No, that's entirely my fault, I was looking at
this at the same time. Early modern, this law. Shakespear. Gunpowder. Spanish treasure fleets, that sort of thing. Although the first British gunpowder army was at Crecy, were they used a few cannon, the name of which escapes me, consisting of bundles of musket-like barrels which fired musket-size balls and took forever and a day to reload.
I mean, I notice that Wikipedia appears to believe that English history remains medieval through the end of the 16th century. But even allowing for the fungibility of historigraphical eras, I can't for the life of me imagine why. It's decidedly post-reformation. Plus in England, post-moot-point from Henry VIII's break-up with Rome in 1533 onward -- even Mary I couldn't reverse the tide on that one, she just swam against it.
Well, more burned against it really.
The Manorial/Feudal system wasn't formally abolished, but it had been in a state of severe decline for over a century and its days as the all-that of military-economic-and-social order were long, long gone even before the ascent of the Tudors.
I believe one of the Henry's was in power, sixteenth century I think, when the last villein was freed by the courts. As with slavery, serfdom in this country was ended by judicial fiat, or activist judges if you prefer, rather than by parliament or King.
And....Henry VII wasn't very medieval, but he was so incredibly dull that I'm skipping straight to Henry VIII, who was definitely a Renaissance prince (as was Elizabeth I, needless to say) from the very beginning of his reign. That whole Cloth-of-Gold thing with Francois I was practically the Miss America Pageant of early Renaissance Princedom. Language? Early modern and not Middle English. Art? Definitely not medieval. Literature? Ditto. Architecture? Can't think, off the top of my head. But I'm just guessing NOT MEDIEVAL.
The Tudors built the first neo-Classical country houses, due to the decreasing relevance of fortifications in an era of political stability and great big gunpowder weapons, as well as being very fond of the half-timbered look. Basically there architecture was a stepping stone between medieval and neo-Classical which rose under the Stuarts (St. Pauls, Wren, and so on) with a few remarkable structures, like Hampton court.
In any event. I say the Middle Ages were over in England c. end-of-the-15th century at the absolute latest. That's as generous as I can honestly be. And that is my quarrel with Wikipedia. I mean, Sir Thomas More? Come on. He was a humanist. How much more Renaissance does shit gotta be?
You could always go and edit the wiki page. I mean I'm too lazy, but there's nothing to stop you.
However. Getting back to the issue at hand: As you know, common law, statutory law and the concept of jurisprudence that attaches to both were all Made in England during the Middle Ages. The High Middle Ages, mostly. Meanwhile, elsewhere in Europe -- at, I think, around the same time, 13th-century-ish -- you got your revival of the Code of Justinian going on, some elements of which washed into the English legal system.
Plus, of course, canon law, then in the early stages of the slow war of attrition that it lost to common law. The winning of which was pretty much common law's reason for being, if you were Edward I, Hammer of the Scots. Except for its other reason for being, from the same perspective, which was the subjugation of the baronial class (ie, the beginning of the end of the feudal/manorial system's heyday).
So. This is my point. Early English common and statutory law is (by definition) kind of a historigraphical outlier. Because the entire point of having and enforcing it was political-administrative in nature, and Papacy-autonomous centralized-hierarchically-institutionalized-monarchy-of-a-nation-state-establishing in purpose. In short, it had met all the graduation requirements for Being Medieval and had nothing to do except cool its heels in some non-specific nameless early-modern-era dimension for several hundred years until the rest of the class had caught up.
Well yes, but it spent that time developing equity and all the other mad, bad, and dangerous to know legal systems which define the modern financial system. Not sure where I'm going with that, but it did.
Medieval medieval English law is pre-Norman. Or, you know: Anglo-Saxon.
Special area of interest for me.
Would, I suppose, be another way of putting it. And also pre-Christian, afaik. Like the pre-Christian parts of the Salic Code, where -- because murder didn't really become murder until everyone had an immortal soul -- if you killed someone, you paid the equivalent of contemporary civil damages to his family and/or tribe to compensate them for lost income. And payment was called "wergeld"! Which translates to "Man money"!
Yes, a geld was any form of payment, "the geld" was the land tax paid by farmers, the here-geld was the tax to support a mercenery army, the Dane-geld was very unfortunate and the were geld was the man-money, the blood price. Differed from one place to another, as the Danish, Wessex and Kent codes prevalent in different parts of the country had different amounts set for the same people. Also, you could sometimes be "worth" the amount of your master, if acting as a messenger for example you could be killed and your master would collect his own weregild rather than yours, or your family might collect it, and it could sometimes be paid by the owner of the land where it happened, and so forth.
I learned that during college. But not in college, where I learned nothing that I now remember.
Good on yer.
It's also worth bearing in mind that (serfs or no serfs) there was simply no such thing as all people being equal under the law until much, much, much later than the medieval period when you're talking about Wimmin and the law.
Yes, the were gild does make that quite clear. I refer you to Njal's saga, where a slave is worth 4.333'% of a free man. By the early modern period it was a bit different.
Because obviously women had considerable independent property and inheritance rights during the middle ages if they were, like, Eleanor of Aquitaine.
I refer you to Stenton's Anglo-Saxon England, or to Michael Wood's "In Search of England", which refers to Anglo-Saxon female property developers/speculators in London. There's all sorts of implications to that.
And some of them were. They had plenty of education, too. And there was actually a lot more sexual license for both genders than you might think. At all class levels, within reason.
More for the poor, I expect, where family alliances and inheritance didn't mean so much.
Episodically. The sexually repressive side of Christianity is an overwhelmingly post-reformation phenomenon, by and large.
Anglo-Saxon priests generally had wives, although reformers railed against it.
Which is not to say that the Roman Catholic Church wasn't in the premiere league wrt sexual repression once that game got under way. Obviously.
Yes, they're a naughty bunch.