Zanetti Domingues, L.L. orcid.org/0000-0002-9544-0804 (2025) What rights for criminals condemned to death? Jurisdictional dialogue and clash between religious and secular authorities, c.1250–1320. The Journal of Legal History. ISSN 0144-0365
Abstract
Between the thirteenth and fourteenth centuries, a variety of legal actors became involved in disputes regarding the right of criminals condemned to death to access religious comforts such as sacraments, Christian burial, and the possibility to make bequests pro anima. These debates centred around important questions such as: which authorities held the right to grant or deny spiritual assistance to executed criminals? What normative bases could be invoked to support these claims? This paper argues that, in the period c.1250–1320, lay and religious authorities reiterated norms deriving from a multiplicity of pre-existing systems (canon law, Roman law, theological principles) to answer these questions. The underlying agenda of these debates, however, was a struggle for power regarding whose ultimate authority it was to decide who could be considered a member of the community and to what extent. In time, this struggle contributed to a gradual separation between the political community and a previously all-encompassing Ecclesia.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2025 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. The terms on which this article has been published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Arts and Humanities (Sheffield) > School of History, Philosophy and Digital Humanities |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 20 Feb 2025 09:52 |
Last Modified: | 20 Feb 2025 09:52 |
Published Version: | https://doi.org/10.1080/01440365.2025.2456271 |
Status: | Published online |
Publisher: | Informa UK Limited |
Refereed: | Yes |
Identification Number: | 10.1080/01440365.2025.2456271 |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:223459 |