The Consumption of Justice: Emotions, Publicity, and Legal Culture in Marseille, 1264-1423

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Cornell University Press, Sep 4, 2003 - History - 277 pages

In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law.

Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.

 

Contents

USING THE COURTS
29
STRUCTURES OF HATRED
89
THE PURSUIT Of Debt
133
BODY AND BONA
160
THE PUBLIC ARCHIVE
207
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About the author (2003)

Daniel Lord Smail is Professor of History at Harvard University. He is the author of Imaginary Cartographies: Possession and Identity in Late Medieval Marseille and coeditor, with Thelma Fenster, of Fama: The Politics of Talk and Reputation in Medieval Europe, both from Cornell.

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