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Marks of an Absolute Witch - Evidentiary Dilemmas in Early Modern England (Hardcover, New Ed)
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Marks of an Absolute Witch - Evidentiary Dilemmas in Early Modern England (Hardcover, New Ed)
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This work explores the social foundation of evidence law in a
specific historical social and cultural context - the debate
concerning the proof of the crime of witchcraft in early modern
England. In this period the question of how to prove the crime of
witchcraft was the centre of a public debate and even those who
strongly believed in the reality of witchcraft had considerable
concerns regarding its proof. In a typical witchcraft crime there
were no eyewitnesses, and since torture was not a standard measure
in English criminal trials, confessions could not be easily
obtained. The scarcity of evidence left the fact-finders with a
pressing dilemma. On the one hand, using the standard evidentiary
methods might have jeopardized any chance of prosecuting and
convicting extremely dangerous criminals. On the other hand,
lowering the evidentiary standards might have led to the conviction
of innocent people. Based on the analysis of 157 primary sources,
the book presents a picture of a diverse society whose members
tried to influence evidentiary techniques to achieve their distinct
goals and to bolster their social standing. In so doing this book
further uncovers the interplay between the struggle with the
evidentiary dilemma and social characteristics (such as class,
position along the centre/periphery axis and the professional
affiliation) of the participants in the debate. In particular,
attention is focused on the professions of law, clergy and
medicine. This book finds clear affinity between the professional
affiliation and the evidentiary positions of the participants in
the debate, demonstrating how the diverse social players and groups
employed evidentiary strategies as a resource, to mobilize their
interests. The witchcraft debate took place within the formative
era of modern evidence law, and the book highlights the mutual
influences between the witch trials and major legal developments.
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