Mireille Hildebrandt
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199673612
- eISBN:
- 9780191751745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673612.003.0012
- Subject:
- Law, Criminal Law and Criminology, Legal History
This chapter is dedicated to Radbruch’s seminal text on “The Origin of Criminal Law in the Class of Serfs.” It contains a number of counter intuitive insights on the relationship between public ...
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This chapter is dedicated to Radbruch’s seminal text on “The Origin of Criminal Law in the Class of Serfs.” It contains a number of counter intuitive insights on the relationship between public punishment and private revenge, derived from the domains of legal history and anthropological research in non-state societies. Radbruch’s aim was not to provide a historiography of punitive interventions in tribal Germanic society, but to remind his readers of the constitutive importance of sovereignty for the emergence of criminal law. This relates to Radbruch’s concern for legal certainty, and explains his inquiries into the continuity and discontinuities between the pater familias of the Germanic clan and the institution of the sovereign. My own investigations could similarly be understood as a kind of “historical jurisprudence,” highlighting the significance of the mutation that occurred when punitive interventions between equals (private revenge) were prohibited and became themselves punishable as criminal offences.Less
This chapter is dedicated to Radbruch’s seminal text on “The Origin of Criminal Law in the Class of Serfs.” It contains a number of counter intuitive insights on the relationship between public punishment and private revenge, derived from the domains of legal history and anthropological research in non-state societies. Radbruch’s aim was not to provide a historiography of punitive interventions in tribal Germanic society, but to remind his readers of the constitutive importance of sovereignty for the emergence of criminal law. This relates to Radbruch’s concern for legal certainty, and explains his inquiries into the continuity and discontinuities between the pater familias of the Germanic clan and the institution of the sovereign. My own investigations could similarly be understood as a kind of “historical jurisprudence,” highlighting the significance of the mutation that occurred when punitive interventions between equals (private revenge) were prohibited and became themselves punishable as criminal offences.
Christina M. Friberg
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9781683401612
- eISBN:
- 9781683402282
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9781683401612.003.0001
- Subject:
- Archaeology, Historical Archaeology
This chapter introduces the book with a discussion of culture contact dynamics and the need to investigate these questions in complex non-state societies. The spread of Cahokia’s influence through ...
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This chapter introduces the book with a discussion of culture contact dynamics and the need to investigate these questions in complex non-state societies. The spread of Cahokia’s influence through both direct and indirect interaction across the Midcontinent, had diverse outcomes in different regions. Mississippianization was a historical process whereby Woodland peoples had the agency to resist or participate in Cahokian practices and did so with reference to their own identities and traditions. Within this framework, the chapter lays out the following research questions: 1) did the Lower Illinois River Valley’s (LIRV) proximity to Cahokia enable certain social, political, and economic interactions with American Bottom groups that did not transpire with more distant groups; and 2) how did these interactions impact the social organization and daily practices of groups in the LIRV?Less
This chapter introduces the book with a discussion of culture contact dynamics and the need to investigate these questions in complex non-state societies. The spread of Cahokia’s influence through both direct and indirect interaction across the Midcontinent, had diverse outcomes in different regions. Mississippianization was a historical process whereby Woodland peoples had the agency to resist or participate in Cahokian practices and did so with reference to their own identities and traditions. Within this framework, the chapter lays out the following research questions: 1) did the Lower Illinois River Valley’s (LIRV) proximity to Cahokia enable certain social, political, and economic interactions with American Bottom groups that did not transpire with more distant groups; and 2) how did these interactions impact the social organization and daily practices of groups in the LIRV?
