‘Twelve Angry Men’, or The Origins of the Jury System

An earlier blog post talked about ‘straw men’ and compurgation; and to continue in that vein I wanted to say a few words about the origins of the modern jury. The timing for me is quite fortuitous, as I just hosted … Continue reading

Between A Rock And A Hot Place

Before their gradual disappearance in the middle ages, ordeals were used as a form of adjudication of guilt and innocence in criminal proceedings. Based on the supposition that divine knowledge and intervention would steer the results in such a way as to punish the guilty and protect the innocence, ordeals fell into disrepute after the Catholic Church banned clerical participation in 1215 A.D. This article discusses various forms of ordeals, such as the ordeal of hot iron, and analyzes whether, and to what extent, these ordeals could have served as “rational” forms of adjudication during the period.

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