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Felony and the Guilty Mind in Medieval England by Elizabeth Papp Kamali

Felony and the Guilty Mind in Medieval England

by Elizabeth Papp Kamali
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Book cover type: Paperback
  • ISBN13: 9781108712743
  • Binding: Paperback
  • Subject: N/A
  • Publisher: Cambridge University Press
  • Publisher Imprint: Cambridge University Press
  • Publication Date:
  • Pages: 354
  • Original Price: GBP 40.0
  • Language: English
  • Edition: N/A
  • Item Weight: 518 grams
  • BISAC Subject(s): Europe / Great Britain / General

This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.

Kamali, Elizabeth Papp: - Elizabeth Papp Kamali is Assistant Professor of Law at Harvard Law School, Massachusetts.

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