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Torture, Crime, and Punishment Bibliography

 

All of these are in the package: Torture-Crime-Punishment- resource package.  Feel free to use other sources if you find something credible and interesting.  This project might be helped by adding some pictures and illustrations.  Try Google-Image maybe.

Witchcraft is a good entrance into this topic since they were frequently shown the instruments of torture if not tortured during the inquisition.

Authors in bold are recommended and those underlined may be even more useful.

For a presentation, make sure to give some specifics, not just an overview.  Overviews are fine, but don't make that the entire presentation.

Otherwise, do whatever you want and keep it interesting.

Black, Ernest G. "Torture under English Law." University of Pennsylvania Law Review and American Law Register 75, no. 4 (1927): 344-348.

 

              

Connor, James A. Kepler's Witch: An Astronomer's Discovery of Cosmic Order Amid Religious War, Political Intrigue, and the Heresy Trial of His Mother. 1st ed. San Francisco: HarperSanFrancisco, 2004.  The story of KeplerŐs mother is interesting and this book is easy to read.  There is a section on torture instruments in the early 300s.  Look in the index.  If you use this, it would be good to at least read the first couple of chaptersÉ and then skipping ahead.  Pp. 298-306 has a description of torture methods.  See file titled, "Connor_KeplersWitch-torture."

 

Currie, Elliott P. "Crimes without Criminals: Witchcraft and Its Control in Renaissance Europe." Law & Society Review 3, no. 1 (1968): 7-32.

              

Edgerton, Samuel Y., Jr. "Review: [Reviewed Work: Torture by Peters]." The American Historical Review 91, no. 4 (1986): 906-907.

                          

Fernandez, Andre. "The Repression of Sexual Behavior by the Aragonese Inquisition between 1560 and 1700." Journal of the History of Sexuality 7, no. 4 (1997): 469-501.

 

Frend, W. H. C. "The Failure of the Persecutions in the Roman Empire." Past and Present, no. 16 (1959): 10-30.

              

Given, James. "The Inquisitors of Languedoc and the Medieval Technology of Power." The American Historical Review 94, no. 2 (1989): 336-359.

              

Green, William McAllen. "An Ancient Debate on Capital Punishment." The Classical Journal 24, no. 4 (1929): 267-275.

              

Gustafson, Mark. "Condemnation to the Mines in the Later Roman Empire." The Harvard Theological Review 87, no. 4 (1994): 421-433.

              

Knowles, Nathaniel. "The Torture of Captives by the Indians of Eastern North America." Proceedings of the American Philosophical Society 82, no. 2 (1940): 151-225.

 

Levack, Brian P. "The Great Scottish Witch Hunt of 1661-1662." The Journal of British Studies 20, no. 1 (1980): 90-108.

 

Mercer, Henry C. "Men of Science and Anti-Vivisection." Science 9, no. 215 (1899): 221-224.

              

Radin, Max. "Roman Concepts of Equality." Political Science Quarterly 38, no. 2 (1923): 262-289.

              

Rogers, Michael. "Gerrard Winstanley on Crime and Punishment." The Sixteenth Century Journal 27, no. 3 (1996): 735-747.

               -In the late 1640s and early 1650s, Gerrard Winstanley wrote much about crime and punishment, particularly in his final work, Law of Freedom in a Platform (1652). A great deal of the modern commentary on his legal thought has centered on whether or not the extensive criminal code in Law of Freedom constituted a totalitarian legal system in support of his utopian vision. A more fruitful approach is to view Winstanley's writings as part of a broad radical movement to reform the English criminal justice system. A close analysis of Winstanley's ideas reveals the uniqueness of his belief that law had to create the preconditions for the emergence of his communist utopia. At the same time, many of the specific laws and punishments he advocated within a democratized, decentralized legal system were also proposed by the Levellers, Quakers, and Fifth Monarchists in the 1640s and 1650s.

 

Smail, Daniel Lord. "Common Violence: Vengeance and Inquisition in Fourteenth-Century Marseille." Past & Present, no. 151 (1996): 28-59.

 

Stern, Laura Ikins. "Inquisition Procedure and Crime in Early Fifteenth-Century Florence." Law and History Review 8, no. 2 (1990): 297-308.

 

Tedeschi, John. "The Question of Magic and Witchcraft in Two Unpublished Inquisitorial Manuals of the Seventeenth Century." Proceedings of the American Philosophical Society 131, no. 1 (1987): 92-111.

              

Tedlock, Dennis. "Torture in the Archives: Mayans Meet Europeans." American Anthropologist 95, no. 1 (1993): 139-152.

 

Welling, James C. "The Law of Torture: A Study in the Evolution of Law." American Anthropologist 5, no. 3 (1892): 193-216.  Just be aware that this is a pretty old article.

 

Wind, Edgar. "The Criminal-God." Journal of the Warburg Institute 1, no. 3 (1938): 243-245.

              

The following are not appropriate for HHS123 projects and are not currently in the research package.

Hay, Douglas. "Crime and Justice in Eighteenth- and Nineteenth-Century England." Crime and Justice 2 (1980): 45-84.

               -Recent historical studies concerned with the period of the English industrial revolution illuminate many relationships between crime and the criminal law, and social and economic change. The creation and abolition of the capital code and the invention of the penitentiary and the police suggest the importance of threats to political authority in deciding policy. Other studies emphasize the place of crime in popular culture, while quantitative work shows the importance of economic fluctuations, moral panics, war and the new police in explaining the level of prosecutions. Most suggestive for further work is the upper class assault on popular mores, poor men's property, and old economic orthodoxies. New legislation and new levels of enforcement, as well as less premeditated changes in English capitalism, created crimes where none had existed, and probably caused a crisis of legitimacy for the English criminal law. What emerged may have been not only a modern system of criminal law and enforcement, but a modern criminal.

 

Ben-Yehuda, Nachman. "The European Witch Craze of the 14th to 17th Centuries: A Sociologist's Perspective." The American Journal of Sociology 86, no. 1 (1980): 1-31.

               -From the early decades of the 14th century until 1650, continental Europeans executed between 200,000 and 500,000 witches, 85% or more of whom were women. The character and timing of these executions and the persecutions which preceded them were determined in part by changed objectives of the Inquisition, as well as by a differentiation process within medieval society. The which craze answered the need for a redefinition of moral boundaries, as a result of the profound changes in the medieval social order. The fact that these executions and the accompanying demonological theories enjoyed widespread and popular acceptance can be explained through the anomie which permeated society at that time. While these conditions provided the intellectual, cognitive background for the witch-hunts,economic and demographic changes, together with the emotional need for a target, explain why the witch-hunts were directed at women.

 

Eliade, Mircea. "Some Observations on European Witchcraft." History of Religions 14, no. 3 (1975): 149-172.

 

Clark, David Lee. "The Sources of Poe's the Pit and the Pendulum." Modern Language Notes 44, no. 6 (1929): 349-356.

 

Dau-lin, Hsu. "Crime and Cosmic Order." Harvard Journal of Asiatic Studies 30 (1970): 111-125.