CMS150 - Winter 2001

Trials of Conscience: Litigation

and the Rhetoric of Identity

 Quizzes


Items you might all want to review:
 

Week 9 quiz:

1. What three obstacles did the technique of "imaginary biography" allow hisotrians to overcome. Give some specific examples of  imaginary biography? [Eileen Powells, Medieval People; Natalie Zeamon Dais ? Return of Martin Guerre] : lack of evidence; lack of importance of subject according to commonly accepted criteria;  absence of stylistic models

2. What is the risk of reducing the role of judge to historian?  Why?: if judges use context other than to mitigate culpability, i.e. for logical proof, than innocent people will be condemned.  The harm historians can to do to Bodo if indeed he had the flue is limited.  Ginzburg argues that the harm judges do is irreperable.

3. According to Ginzburg, what role should doubt play in a judicial analysis of evidence?  Should this role be different in a historian's analysis of evidence?: modern liberal standard (according to CG: in dubio pro reo)
a doubt however small US jury instructions: beyond a reasonable doubt

4. What issue did the United Penal Section of the Italian Supreme court decie in its review of the Milan appellate court's trial of the case? definition of term corroboration -

1) refers to facts which directly attach to Defendant re specific crime of which he is accused. ? nb pre-modern historians could never use this standard
2) need not conern actual crime because they only serve to confirm independent reliability of accusor.  i.e., can be "logical" not direct evidence ? nb: historian’s contextual evidence
5. If you wanted to argue that the trial of the Calabresi Three was a political trial, how could you use the appellate history of the case to support your argument? unwillingness of either prosecution or defendants to compromise
generates explosion of other social activity [e.g. plays, books] appellate enounciation of standard in abstract; refusal to apply - cf Bush v Gore [this rule applies only in this case]
 

Week 11 quiz:

1. succession issue: C4 dies w/o son.  Closest claimants are 1) nephew,  Philip of Valois; 2) grandson, Edward, king of England.  French reluctant to let English control French crown so they interpret the Salic law to bar inheritence of throne passing through a king's daughter [Edward's mom had been C4's daughter].  This starts 100 years war.

2. Treaty of Troyes: 1420: -> 1) H5 wd marry C6's daughter, Catherine; 2) their child, H6 wd inherit throne of England and France; 3) C6 would keep his throne until he died but H5 would be regent of France; 4) his son, the dauphin,  disinherited; 5) whole legal basis of Salic law inheritance which started war abandoned; 6) Philip of Burgundy whole hearted supporter of H5 and signer of treaty.

3. Vaucouleur was an Armagnac town in English/Burgundy held territory.  Robert de Baudricourt was in charge of its defenses and  it out of Burgandy's control.  It was also the closest "French" town to Joan's home in Domrémy.  Joan began her quest, at the direction of her voices,  by going to Vaucouleur to get Rober de Baudricourt's support/permission to visit Dauphin in Chinon.  She would need an escort to journey through English held lands to reach C7 in Chinon.

4. St. Catherine, St. Margaret, angels Michael and Gabriel

5. You could argue five or three trials:  1) Poitiers: Armagnac preists test to determine whether or not she is a heretic [decide no]; 2) heresey trial at Rouen: three parts: a) preliminary (70 + charges; transcripts include J's answers); b) ordinary (egg heads in Paris have reduced charges to 12; Joan's responses not recorded); c) relapse trial (after she resumed male dress despite abjuration); 3) nullification trial years later that nullifies finding of heresy and relapse trials.


 

Week 12 quiz:

 
1. Intellectual training of clerics: lawyers, theologians/scholastics, confessors - all shared a methodology of questioning
2. Joan lacked such training; -> consequences were a) clerics imposed their analytical categories on Joan; b) Joan had to reshape her own understanding of her own experience in order to articulate it in away the clerics could understand.
3. Fairy tree and phenomonological categories: for Joan and villagers thought of divine, demonic and marvelous; clerics could only imagine divine and demonic, compelled them to decide whether the Fairy Tree was divine or demonic.
4. Joan's understanding of her voices: b4 trial, Joan knows what she should do and is confident that God has authorized that mission; during trial she can only articulate that sense of certainty by describing it as a message delivered by voices authorized by god.  Clerics questioning compel her to pick identities for these voices.  By end of trial she is conferring with the saints who have the identities she has chosen.
5. Joan's dress: god required it and she enjoyed it for a range of reasons (effectiveness as military leader, safety as woman among men, aesthetics - guys had nicer clothes)


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