Trisha Olson | Sacred Heart University (original) (raw)

Papers by Trisha Olson

for comments and editorial suggestions. I thank my research assistants Burk Cauter, Shelley Howto... more for comments and editorial suggestions. I thank my research assistants Burk Cauter, Shelley Howton, and Lee McKnight. Translations in this article are mine, aided by kind colleagues' efforts, unless otherwise specified. This article could not have been written without the help of my daughter, Alena Alma Marie. Thank You. Two prayers for Enrico Michael Anselm. SUMMARY: ... Thus the thematic thrust of the ordeal is not considered to be an historically interesting question. ... Arguments abound about whether medieval appeals to the Deity are properly called a judicial ordeal. ... A hint of what medieval men and women sought from the ordeal, whether it be by fire, water, battle, or simple oath, begins to surface when one pauses upon the strongest evidence against seeing the ordeals as a means to ascertain empirical truth. ... A thought is contained within this stern view of wrong relevant to the ordeal. ... Until the late twelfth century, the priest did not stand in the role as an earthly absolver. ... Leftover bits and pieces of information fortify the speculation that the juror's understanding of his oath was akin to what was asked of the Deity at the ordeal. ... Rather than skipping over this, the historian should pause and say "alright then-how, why, and in what way, on your terms, do we resolve seeming inconsistencies?" In doing this, I argued that an entire new vista opens to the early criminal jury trial. ...

University of Maryland Law Journal of Race, Religion, Gender and Class, 2001

for their unflagging support. I also wish to thank my daughter, Alena Alma Marie. 1. I prefer the... more for their unflagging support. I also wish to thank my daughter, Alena Alma Marie. 1. I prefer the word sanction, for punishment holds a particular definition of sanctioning as the infliction of a suffering (i.e. penalty) upon a wrongdoer. When the meaning is intended, the word "punishment" will suffice. 2. Within the tradition of legal scholarship, "Western" is separate from Arab and Byzantine. See HAROLD BERMAN, LAW AND REVOLUTION 2 (1983).

Syracuse Law Review, 2000

110 Syracuse Law Review [Vol. 50:109 D. Chewed by the Tooth of Disputation 164 1. From Allegory t... more 110 Syracuse Law Review [Vol. 50:109 D. Chewed by the Tooth of Disputation 164 1. From Allegory to Authority 166 2. From Redemption to Deterrence 169 III. TRACES: THE RISE OF THE JURY TRIAL IN ENGLAND 172 A. Role of Mercy in English Jurisprudence , 174 B. Kinship ...

Journal of Law and Religion, 2006

Here the worldling now all bound in fetters liesstarts to fear his God, his tears flow from his e... more Here the worldling now all bound in fetters liesstarts to fear his God, his tears flow from his eyesJustice comes along, with gallows, wheel and sword:God tells the pious man to enter Heaven's door.Across medieval Western Europe, those who committed serious wrongs, such as homicide, arson, treason, and rape were subject to a wide range of capital punishments that were seemingly brutal, frequently bloody, and at times spectacular. Grisly images of an executioner dismembering a condemned's limbs from his torso, smashing his chest cavity, gouging his eyes, or piercing his body with hot pokers are the common stuff of scaffold art in the high Middle Ages. Such images attest to the critical role of pain in medieval capital punishment. Whereas in our day all attempts are made to render penal death painless, in the high and late Middle Ages, the tie between pain and death is not only tolerated but, at times, purposefully exacerbated.

Law, Culture and the Humanities, 2013

Those willing to engage in a close reading of the papers in Medieval Studies in Memory of Patrick... more Those willing to engage in a close reading of the papers in Medieval Studies in Memory of Patrick Wormald will make the most unlikely discoveries. This Gedenkschrift contains thirty-three papers by former students, colleagues, mentors and friends of renowned Anglo-Saxon law historian Patrick Wormald who died in September of 2004. Wormald taught early medieval history at the University of Glasgow (1974 to 1988) and then in 1989 he received an appointment from Christ Church at Oxford as a Fellow and Lecturer. Wormald is best known for his monumental The Making of English Law (1999), the first of a planned two-volume work on Anglo-Saxon law from the seventh to the tenth century. Wormald belonged to the lively Bucknell Group, whose collaborative publications, beginning with The Settlement of Disputes in Early Medieval Europe (1986), swept the field of medieval legal history like a prairie fire, dramatically affecting the kind of questions medieval law historians ask. It may seem odd for a review of this Gedenkschrift to appear in The Journal of Law, Culture and the Humanities. With the exception of a very few such as Richard Helmholz or John Langbein, Anglo-American historians work from the assumption that American law is neither burdened by nor indebted to a medieval past. This axiom receives reinforcement from the current and ubiquitous lexicon of both AngloAmerican legal history and medieval history theorists. “Presentism” opposes “alterity,” the “living present” contrasts with the “dead past,” and “context,” “contingency” and “indeterminacy” negates continuity. Nevertheless Early Medieval Studies in Memory of Patrick Wormald should be considered required reading for all who work under the banner of law and the humanities. Now these medievalists do not seek to “interrogate, judge, and condemn the past in order to free the present from its grasp.”1 Nor do they write elegies lovingly preserving yesterday against the dreadfulness and horror of the present. Nor do they seek to use the past 463985 LCH9110.1177/1743872112463985Law, Culture and the HumanitiesBook Reviews 2013

Cumb. L. Rev., 1995

CIVILITY AND REMEMBRANCE Trisha Olson* Karl B. Shoemaker** There is much that is strange, but not... more CIVILITY AND REMEMBRANCE Trisha Olson* Karl B. Shoemaker** There is much that is strange, but nothing that surpasses man in strangeness. He set sail on the frothing waters amid the south winds of winter tacking through the mountains and furious chasms of waves. He ...

. Thom. L. Rev., 2003

History pertains to the person who preserves and venerates, to him who looks back with loyalty an... more History pertains to the person who preserves and venerates, to him who looks back with loyalty and love on the origins through which he became what he is: by means of this piety he gives thanks, as it were, for his existence. ' OF THE WORSHIPFUL WARRIOR: SANCTUARY ...

Syracuse Law Review, 2000

110 Syracuse Law Review [Vol. 50:109 D. Chewed by the Tooth of Disputation 164 1. From Allegory t... more 110 Syracuse Law Review [Vol. 50:109 D. Chewed by the Tooth of Disputation 164 1. From Allegory to Authority 166 2. From Redemption to Deterrence 169 III. TRACES: THE RISE OF THE JURY TRIAL IN ENGLAND 172 A. Role of Mercy in English Jurisprudence , 174 B. Kinship ...

University of Maryland Law Journal of Race Religion Gender and Class, 2001

for their unflagging support. I also wish to thank my daughter, Alena Alma Marie. 1. I prefer the... more for their unflagging support. I also wish to thank my daughter, Alena Alma Marie. 1. I prefer the word sanction, for punishment holds a particular definition of sanctioning as the infliction of a suffering (i.e. penalty) upon a wrongdoer. When the meaning is intended, the word "punishment" will suffice. 2. Within the tradition of legal scholarship, "Western" is separate from Arab and Byzantine. See HAROLD BERMAN, LAW AND REVOLUTION 2 (1983).

26 Cumb. L. Rev. 883 (1996)

Law, Culture and the Humanities February 2013 9: 188-195

Here the worldling now all bound in fetters lies starts to fear his God, his tears flow from his ... more Here the worldling now all bound in fetters lies starts to fear his God, his tears flow from his eyes Justice comes along, with gallows, wheel and sword:

There is scant literature on the royal prerogative of the English King to pardon both convicted a... more There is scant literature on the royal prerogative of the English King to pardon both convicted and alleged wrongdoers notwithstanding that this power was once a fixture in the medieval landscape. The older literature that does exist is critical. Naomi Hurnard, for example, 1 disapproves pardons de cursu which were required in the thirteenth and fourteenth centuries for excusable crime such as homicide in self-defence and crimes by children or the insane. These pardons were issued by Chancery on judges' recommendation and did not involve the King personally. Hurnard is outspoken in her criticism of these pardons arguing that excusable homicide should have been a matter of acquittal through the normal processes of the law. 2

for comments and editorial suggestions. I thank my research assistants Burk Cauter, Shelley Howto... more for comments and editorial suggestions. I thank my research assistants Burk Cauter, Shelley Howton, and Lee McKnight. Translations in this article are mine, aided by kind colleagues' efforts, unless otherwise specified. This article could not have been written without the help of my daughter, Alena Alma Marie. Thank You. Two prayers for Enrico Michael Anselm. SUMMARY: ... Thus the thematic thrust of the ordeal is not considered to be an historically interesting question. ... Arguments abound about whether medieval appeals to the Deity are properly called a judicial ordeal. ... A hint of what medieval men and women sought from the ordeal, whether it be by fire, water, battle, or simple oath, begins to surface when one pauses upon the strongest evidence against seeing the ordeals as a means to ascertain empirical truth. ... A thought is contained within this stern view of wrong relevant to the ordeal. ... Until the late twelfth century, the priest did not stand in the role as an earthly absolver. ... Leftover bits and pieces of information fortify the speculation that the juror's understanding of his oath was akin to what was asked of the Deity at the ordeal. ... Rather than skipping over this, the historian should pause and say "alright then-how, why, and in what way, on your terms, do we resolve seeming inconsistencies?" In doing this, I argued that an entire new vista opens to the early criminal jury trial. ...

University of Maryland Law Journal of Race, Religion, Gender and Class, 2001

for their unflagging support. I also wish to thank my daughter, Alena Alma Marie. 1. I prefer the... more for their unflagging support. I also wish to thank my daughter, Alena Alma Marie. 1. I prefer the word sanction, for punishment holds a particular definition of sanctioning as the infliction of a suffering (i.e. penalty) upon a wrongdoer. When the meaning is intended, the word "punishment" will suffice. 2. Within the tradition of legal scholarship, "Western" is separate from Arab and Byzantine. See HAROLD BERMAN, LAW AND REVOLUTION 2 (1983).

Syracuse Law Review, 2000

110 Syracuse Law Review [Vol. 50:109 D. Chewed by the Tooth of Disputation 164 1. From Allegory t... more 110 Syracuse Law Review [Vol. 50:109 D. Chewed by the Tooth of Disputation 164 1. From Allegory to Authority 166 2. From Redemption to Deterrence 169 III. TRACES: THE RISE OF THE JURY TRIAL IN ENGLAND 172 A. Role of Mercy in English Jurisprudence , 174 B. Kinship ...

Journal of Law and Religion, 2006

Here the worldling now all bound in fetters liesstarts to fear his God, his tears flow from his e... more Here the worldling now all bound in fetters liesstarts to fear his God, his tears flow from his eyesJustice comes along, with gallows, wheel and sword:God tells the pious man to enter Heaven's door.Across medieval Western Europe, those who committed serious wrongs, such as homicide, arson, treason, and rape were subject to a wide range of capital punishments that were seemingly brutal, frequently bloody, and at times spectacular. Grisly images of an executioner dismembering a condemned's limbs from his torso, smashing his chest cavity, gouging his eyes, or piercing his body with hot pokers are the common stuff of scaffold art in the high Middle Ages. Such images attest to the critical role of pain in medieval capital punishment. Whereas in our day all attempts are made to render penal death painless, in the high and late Middle Ages, the tie between pain and death is not only tolerated but, at times, purposefully exacerbated.

Law, Culture and the Humanities, 2013

Those willing to engage in a close reading of the papers in Medieval Studies in Memory of Patrick... more Those willing to engage in a close reading of the papers in Medieval Studies in Memory of Patrick Wormald will make the most unlikely discoveries. This Gedenkschrift contains thirty-three papers by former students, colleagues, mentors and friends of renowned Anglo-Saxon law historian Patrick Wormald who died in September of 2004. Wormald taught early medieval history at the University of Glasgow (1974 to 1988) and then in 1989 he received an appointment from Christ Church at Oxford as a Fellow and Lecturer. Wormald is best known for his monumental The Making of English Law (1999), the first of a planned two-volume work on Anglo-Saxon law from the seventh to the tenth century. Wormald belonged to the lively Bucknell Group, whose collaborative publications, beginning with The Settlement of Disputes in Early Medieval Europe (1986), swept the field of medieval legal history like a prairie fire, dramatically affecting the kind of questions medieval law historians ask. It may seem odd for a review of this Gedenkschrift to appear in The Journal of Law, Culture and the Humanities. With the exception of a very few such as Richard Helmholz or John Langbein, Anglo-American historians work from the assumption that American law is neither burdened by nor indebted to a medieval past. This axiom receives reinforcement from the current and ubiquitous lexicon of both AngloAmerican legal history and medieval history theorists. “Presentism” opposes “alterity,” the “living present” contrasts with the “dead past,” and “context,” “contingency” and “indeterminacy” negates continuity. Nevertheless Early Medieval Studies in Memory of Patrick Wormald should be considered required reading for all who work under the banner of law and the humanities. Now these medievalists do not seek to “interrogate, judge, and condemn the past in order to free the present from its grasp.”1 Nor do they write elegies lovingly preserving yesterday against the dreadfulness and horror of the present. Nor do they seek to use the past 463985 LCH9110.1177/1743872112463985Law, Culture and the HumanitiesBook Reviews 2013

Cumb. L. Rev., 1995

CIVILITY AND REMEMBRANCE Trisha Olson* Karl B. Shoemaker** There is much that is strange, but not... more CIVILITY AND REMEMBRANCE Trisha Olson* Karl B. Shoemaker** There is much that is strange, but nothing that surpasses man in strangeness. He set sail on the frothing waters amid the south winds of winter tacking through the mountains and furious chasms of waves. He ...

. Thom. L. Rev., 2003

History pertains to the person who preserves and venerates, to him who looks back with loyalty an... more History pertains to the person who preserves and venerates, to him who looks back with loyalty and love on the origins through which he became what he is: by means of this piety he gives thanks, as it were, for his existence. ' OF THE WORSHIPFUL WARRIOR: SANCTUARY ...

Syracuse Law Review, 2000

110 Syracuse Law Review [Vol. 50:109 D. Chewed by the Tooth of Disputation 164 1. From Allegory t... more 110 Syracuse Law Review [Vol. 50:109 D. Chewed by the Tooth of Disputation 164 1. From Allegory to Authority 166 2. From Redemption to Deterrence 169 III. TRACES: THE RISE OF THE JURY TRIAL IN ENGLAND 172 A. Role of Mercy in English Jurisprudence , 174 B. Kinship ...

University of Maryland Law Journal of Race Religion Gender and Class, 2001

for their unflagging support. I also wish to thank my daughter, Alena Alma Marie. 1. I prefer the... more for their unflagging support. I also wish to thank my daughter, Alena Alma Marie. 1. I prefer the word sanction, for punishment holds a particular definition of sanctioning as the infliction of a suffering (i.e. penalty) upon a wrongdoer. When the meaning is intended, the word "punishment" will suffice. 2. Within the tradition of legal scholarship, "Western" is separate from Arab and Byzantine. See HAROLD BERMAN, LAW AND REVOLUTION 2 (1983).

26 Cumb. L. Rev. 883 (1996)

Law, Culture and the Humanities February 2013 9: 188-195

Here the worldling now all bound in fetters lies starts to fear his God, his tears flow from his ... more Here the worldling now all bound in fetters lies starts to fear his God, his tears flow from his eyes Justice comes along, with gallows, wheel and sword:

There is scant literature on the royal prerogative of the English King to pardon both convicted a... more There is scant literature on the royal prerogative of the English King to pardon both convicted and alleged wrongdoers notwithstanding that this power was once a fixture in the medieval landscape. The older literature that does exist is critical. Naomi Hurnard, for example, 1 disapproves pardons de cursu which were required in the thirteenth and fourteenth centuries for excusable crime such as homicide in self-defence and crimes by children or the insane. These pardons were issued by Chancery on judges' recommendation and did not involve the King personally. Hurnard is outspoken in her criticism of these pardons arguing that excusable homicide should have been a matter of acquittal through the normal processes of the law. 2