Rationalität und Kooperation in Paul Grices Theorie der Implikaturen (German Edition)

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Lorenz ; Thiebault Chapter 2. History of crime tends to work quantitatively to demonstrate changes in delinquency profiles.

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Sexualized violence however is—at least in the current state of research—largely inaccessible to such quantitative studies. Without playing one off against the other, the example of sexualized violence focuses attention on what qualitative approaches can offer where quantitative data are limited. I venture my own answer here in saying that the Zurich material does not per- mit statistically valid statements but only offers tendencies which require sen- sitive interpretation.

Besides central problems in early modern and Sattelzeit research and in his- tory of crime, the phenomenon of sexualized violence involves fundamental problems of general historical research. Source-critical considerations are a prerequisite of any scholarly historical presentation, but what historical inter- pretations are possible when the source situation is especially poor?

To what extent can historians uncover what is secret or implied? In the field of sexual- ized violence this methodological problem is particularly acute. What causes historians to research sexual offenses? We may exclude por- nographic voyeurism from the motives of serious historians, but at the same time assume a certain socio-political attitude as a motivating force.

Mass rape as a weapon of war, spectacular crimes of sexual violence, sexual assaults by clergy, teachers or people in public life: all these are increasingly in the public eye. Sexualized violence has become a public topic and begun to emerge from the taboo zone. Given this development, dealing with the history of sexualized violence raises the question of what history can contribute to society.

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This in turn leads to the crucial question of what relevance the study of history has. The final chapter will return to this.

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My study covers a long period from around to The decision to work on this period corresponds to my own specialization in early modern history but is also conceptually motivated. In the city state of Zurich, as in other European countries, the availability of sources, largely of court records, increases considerably around in comparison with the late Middle Ages. This contrast has its conse- quences in history studies. Few scholars cross the epoch border between early modern and modern eras, even though research now recognizes short and long centuries, refers to the non-simultaneity of the simultaneous, and emphasizes the continuities between the epochs.

My choice to examine a period of some. Where this is the case, the records produced by the various relevant institutions can be expected to be comparable.

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But finding such an entity which delivers sufficient sources is a challenge in itself. The many territorial reassignments as well as wartime losses in populations and in the archive materials complicate the search for suitable empirical examples from the period between late Middle Ages and early modern era. The city state of Zurich offers the kind of empirical example required. From the end of the Middle Ages into the 19th century the state retained in essence its political and administrative structures.

This continuity has given rise to the Kundschaften as a source for the period studied here between and An estimated 85, loose pages in folio format record the inter- rogation protocols of those who appeared in court as complainants, defen- dants or witnesses. Usually we do not have the questions asked, but only the answers given. Over the period of some years, both the function and the language of these Kundschaften were retained.

The council, with its seat in Zurich, sent out Kundschafter into the city and the region subject territo- ries under common administration to question victims and witnesses where incidents took place and record their statements as precisely as possible. The dialect used by those questioned was translated into chancellery language and recorded almost entirely in indirect speech. For direct confrontations in court between accusers and accused there are occasional word-for-word dialect records. However, as the Kundschafter were obliged to send their protocols to the Zurich council—acting as an urban court or as the supreme court for the.

Jordan ; Jordan The Kundschafter have not been researched as a group of persons.

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Despite the caution with which Zwingli, Bullinger and the Reformed Church responded to demands for severe punishment of blasphemers, the church continued to amend its morals legislation. IncolOTC o. Some in the synod felt that members of the morals courts were partisan and not well enough educated to exercise justice. Grass is green. Wason, Peter C.

It is not known what criteria and competences governed the selection of named councillors as Kundschafter. For further detail on the source value of the Kundschaften cf. Loetz , 96— For discussion of how court protocols can be historically evaluated, see Chapter 1. Although the function fulfilled by the Kundschafter remains identical over the year period, the complete stock of sources changes over time. While in the first decades of the 16th century the Kundschaften consist only of a few lines, the literality and thus also the detailedness of the interrogation protocols increase markedly from the midth century onwards.

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At the beginning of the early modern era the protocols are often two folio pages long, mostly extending in the 18th century to four pages. From the 17th century the character testi- monies relating to the accusers and the accused are sometimes included. The answer is both yes and no. No, because obviously the earlier records reveal less information than the later ones.

Some particulars are systematically recorded across the centuries. Most of the Kundschaften contain details of the circum- stances of the assault, the reaction of the victim and the social environment as well as the behavior of the defendant in court. So even if the considerable variation in the level of detail and density of information should not be under- estimated, this obstacle can be overcome. I see no reason why this should not be valid for other sets of sources by means of which a history of violence in long-term perspective might be written.

This indeed underlines the illustrative character of the Zurich example.

At the end of the Old Swiss Confederacy in the Kundschaften come almost to a complete standstill. Without our being able to say exactly how and when the judicial reforms of the Helvetic, Mediation and Restauration eras were implemented,47 the protocols of the first half of the 19th century, which have come down to us almost in entirety, show that trials were becoming. Unlike later interrogation protocols, this source reveals nothing more. On the court instances see Chapter 2.

The function of these protocols was to testify to the regularity of the trial and to record the verdict. It was no longer a matter of recording individual statements.

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In spite of this change, the court protocols still have the task of registering what is relevant to the court. They thus express a collective memory of the application of legal norms. As far as we can judge from the history of crime literature, the Zurich records seem to fit the general European development of literality in the authorities and can therefore serve as an illustrative example of the European situation.

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The answer needs to take account of the way historians always work, concentrating on parts of what has been transmitted, leaving spaces in places but also bringing extracted data together. This means, for the Zurich example, that the Kundschaften offer material especially suitable for qualitative analysis, whereas the court pro- tocols of the 19th century allow basically quantitative analyses.

As we shall see, the two approaches are complementary, providing us with insights into around years of development. This is all the more striking when we note a record preserved from the s in which the complete trial documents of almost 50 cases have come down to us. The fascicles of some fifty pages each contain the statements by those questioned, references to medical and clerical reports as well as the court verdict.

Here the quantitative impressions can be qualitatively integrated. But can the example of the communal state of Zurich claim to represent pre-modern and early modern Europe? Obviously the city state on the Limmat should not be equated with metropolises such as Paris or London. Zurich is not Europe. The example of Zurich is simply of heuristic value in that its empirical. Whether the relevant records were kept when the court case ended, or when they were disposed of is not known. Here the modern era could conceptually connect with the media- vist discussion of literality.

Teuscher In June Jacob Schlosser and Anna Schwingdenhammer were required by the authorities to appear before the morals court in Basle. Although they had been promised to each other, no wedding had taken place, and according to the morals judges this would need to be explained. He had observed all the rituals of wooing, by giving her presents, introducing himself to her parents, and eventually asking for her hand.

Everyone involved—Anna, he himself and his future parents-in-law—had agreed on a date for the wed- ding. But the date had passed without the wedding taking place. Despite his repeated promises of marriage, Anna refused to accept him as her husband. Moreover, she was still a minor without the legal right to promise marriage. Porter For examples cf. Such interpretations can still be found in surveys, such as that of Crawford This was how the defendant Jacob Schlosser presented the case.

The defen- dant Anna Schwingdenhammer, when questioned by the morals court, told a somewhat different story. She desired neither Jacob nor anyone else. She could not love Jacob or be with him. Jacob emphasized that Anna had indeed acknowledged him as her future husband. And this affected not only Anna but also him, Jacob, who was now suspected of illegitimately approaching Anna. He was obliged to counter the charge of immoral behavior and offer proof of his honest intentions, Jacob continued, by insisting on the marriage.

This statement put Anna in a corner. She had then taken a dislike to him and no longer wanted to marry him. What was the verdict in this case of attempted rape which the victim origi- nally kept quiet about and the morals court had quite inadvertently brought to light? This case of unsuccessful marriage planning, documented in exceptional detail, reveals how much the attitude to rape in a pre-modern society differs from that of our time. Even if rape makes up only a fraction of the moral offenses that reach the courts, the phenomenon of rape has a historical mean- ing because it puts on record the gender roles in a society, which are themselves.

Sie begehrt keinen, weder. Cited from Burghartz , In the example from Basle, all those involved are both offender and victim, albeit in differing degrees.