Crime and Consequence in Early Modern Literature and Law

During a time when three hundred crimes were considered felonies and punishable by death, Crime and Consequence in Early Modern Literature and Law examines how proportionate punishment was imagined and how the possibility of justice miscarried might influence that imagining.

Format: Hardback
Length: 256 pages
Publication date: 31 May 2021
Publisher: Edinburgh University Press

In a time when a staggering three hundred crimes were deemed felonies, carrying the ultimate punishment of death, delving into the realm of crime inevitably prompts us to contemplate its far-reaching consequences. Crime and Consequence in Early Modern Literature and Law takes a comprehensive approach, examining a range of contemporary literary and legal texts, including plays, poetry, and legal commentaries. By exploring how the concept of proportionate punishment was conceived during the early modern period, the book sheds light on the prevailing notions of justice and the potential pitfalls that could lead to its miscarriage.

The early modern period was a time of significant change and upheaval, marked by the emergence of new ideas, technologies, and social structures. As society grappled with the challenges of modernity, the notion of crime and punishment took on a renewed significance. The legal system, in particular, underwent a profound transformation, with the introduction of new laws and procedures aimed at addressing the growing concerns of society.

One of the key themes explored in Crime and Consequence in Early Modern Literature and Law is the concept of proportionate punishment. During this period, there was a growing belief that punishment should be tailored to the specific crime and the individual offender. The idea was that a just and fair punishment should not only serve as a deterrent to future crimes but also rehabilitate the offender and restore them to society.

However, the implementation of proportionate punishment was not always straightforward. The early modern legal system was often complex and bureaucratic, and judges faced numerous challenges in determining the appropriate punishment for a given crime. They had to consider a wide range of factors, including the severity of the offense, the offender's past history, and the potential for rehabilitation.

Despite these challenges, there were some notable examples of proportionate punishment in the early modern period. One of the most famous is the case of Sir Thomas More, a prominent lawyer and humanist who was executed for treason in 1535. More's case drew widespread attention and sparked debate about the role of the legal system in upholding justice and protecting individual rights.

Another notable example is the case of Mary, Queen of Scots, who was executed for treason in 1587. Mary's case was particularly controversial, as she was a woman and a queen, and her execution was seen as a violation of her rights and dignity. However, her case also highlighted the importance of the legal system in upholding the rule of law and protecting society from dangerous individuals.

Despite these successes, there were also instances where the concept of proportionate punishment was undermined. One of the most notable examples is the case of the English witch trials, which took place in the late 16th and early 17th centuries. During these trials, thousands of people were accused of witchcraft and executed, often based on flimsy evidence and without the benefit of a fair trial.

The witch trials were a tragic example of the dangers of hysteria and mob mentality, and they highlighted the need for a more robust legal system that could distinguish between legitimate accusations and baseless hysteria. The trials also raised important questions about the role of religion and the state in shaping the concept of crime and punishment.

In conclusion, Crime and Consequence in Early Modern Literature and Law provides a valuable insight into the complex relationship between crime, punishment, and justice in the early modern period. By examining a range of contemporary literary and legal texts, the book sheds light on the prevailing notions of proportionate punishment and the potential pitfalls that could lead to its miscarriage. The book also highlights the importance of a robust legal system that can uphold the rule of law and protect society from dangerous individuals. As we continue to grapple with the challenges of modernity, it is essential to reflect on the lessons of the past and strive for a more just and equitable society.

Weight: 492g
Dimension: 165 x 245 x 21 (mm)
ISBN-13: 9781474454353