Images of justice in Northern Italy, 1250-1400

This thesis considers some of the ways in which images of justice were used to express and in some cases promote certain aims and aspirations of those who commissioned them, in northern Italy between c.1250-1400, and whether and to what extent this impacted upon their depiction. It explores the question of a sacred/secular distinction in relation to the use and depiction of images of justice, and proposes that certain changes in such images can be read as responses to developments in the law and in the secular justice system. An introduction defines the essential elements of the subject and the main objectives of the thesis. As the thesis takes a social historical perspective, the first chapter provides details to establish the historical context for the following case studies. The main body of the thesis adopts a thematic approach. The second chapter examines the interrelationship of divine and secular justice through an analysis of images depicting the Last Judgment, or referencing its imagery. First it looks at several monumental representations of the Last Judgment, addressing developments in the artistic treatment of the torments of Hell in the context of changes in contemporary legal punishment practices. The chapter then explores further the relationship of earthly punishments and divine imageries, in a work not previously studied as an image of justice. The congruence in these artworks of sacred and secular elements allows a discussion of the interrelationship of these terms in relation to the contemporary conception and practices of justice. Further chapters examine how a new and increasing emphasis on the judge in the prosecution procedure from the early thirteenth century is mirrored in the artistic representation of secular and judicial authority after that period. This is first addressed by analysing images of the trials of Christ as examples of ‘secular’ justice in a religious or ‘sacred’ context, and exploring how contemporary issues relating to the administration of justice contribute to an understanding of changes in the iconography of these scenes. A fourth chapter addresses images more overtly associated with secular and judicial authority, offering a new perspective on these images as expressions of contemporary societal interests, many arising from the justice system, leading to their use as exemplars, to guide and inform. The thesis contributes to the debate on the distinction between the terms ‘sacred’ and ‘secular’ in the late medieval period, exploring how analysing artworks can lead to a better and more nuanced appreciation of the application of those terms in relation to the contemporary notion of justice. Further, my research has indicated that what could account most comprehensively for certain changes in the use and depiction of such images may be found in specific aspects of a justice system in transition

Legal History and Student Involvement in the Assessment Process

Assessment has been described by Graham Gibbs as "the most powerful lever teachers have to influence the way students respond to courses and behave as learners", but is legal education ready to embrace the possibilities of making law students active participants in the assessment process? This article explores our experiences of developing both peer assessment models and encouraging students to generate their own questions in the context of a module in Legal History on the undergraduate law degree at Northumbria University. In adopting innovative forms of assessment, it is important to understand why the new practices are being adopted and also to be able to justify those practices; hence, the article addresses potential benefits and pitfalls of student participation in peer marking or grading and explores how peer assessment models can be grounded in assessment and learning theory

From the 'Death of a Female Unknown' to the Life of Margaret Dockerty: Rediscovering a Nineteenth Century Victim of Crime

On 1 January 1863, a woman was brutally raped and beaten to death in Newcastle upon Tyne. Her murderer was to be tried, convicted, and finally executed for murder. However, he is not the subject of this piece. Historically, the study of the criminal law has focused too heavily on the perpetrators of crimes. This article attempts to establish the victim, Margaret Dockerty, as an individual and to offer some social, cultural, economic and historical context for, and background to, her life

The Life and Death of Newcastle Gaol 1822-2022

An exhibition about Newcastle’s borough gaol at Carliol Square- the prison, the prisoners and its legacy in the city. Newcastle City Library

Legal reasoning: the early years

My paper will explore whether and how images may be of use in helping students at the start of an undergraduate law degree to begin to understand the concept and practices of legal reasoning. It could be argued that law schools frequently see legal reasoning as a skill that students should be able to pick up, from reading cases and statutes. However, it is a concept with which many students struggle. Often students start their law degree expecting to be taught and to learn ‘the law’, assuming that cases are decided by judges selecting from a system of an unchanging, constant set of known legal ‘rules’; by applying the relevant rule to the case before them, they will be led inexorably to the ‘right’ decision. The dawning realisation that the study of law is not a question of learning to memorise a body of legal rules can prove disheartening to many students, at a critical point in the start of their degree. The paper will suggest that there may be a role for visual images in helping students to appreciate the practices of legal reasoning, in particular reasoning by example. The finding of similarity or difference is a key step in this process, and a number of examples from the visual arts will be considered to explore whether engaging in visual analysis may encourage students towards an understanding of legal reasoning

Judging the judge in Giovanni Boccaccio’s Decameron

Taking an interdisciplinary approach the paper offers a fresh legal historical understanding of the fifth story of Day Eight in Giovanni Boccaccio’s Decameron. Detailed analysis of the tale reveals much about the realities of the administration of justice in fourteenth century Florence and contemporary expectations of those exercising judicial authority. In making apparent the expectation that judges would look and act in a certain manner, the paper suggests that Boccaccio’s story can be interpreted as offering an insight into the extent to which public perception of a man’s identity as a judge was dependent upon his appearance and attire

Rituals of shame

The paper will consider historical examples of the treatment by public shaming of certain behaviours perceived as offending against social norms. It will consider examples from late medieval Italy and Germany, and early modern England, to address whether such rituals of shame can be seen as formal or informal responses to anti-social behaviour; were they legal matters, a device of customary law, or did they have a wider role to play within society? The paper questions how far were they intended to function primarily as devices for social control. It adopts an interdisciplinary approach, drawing on visual and literary sources and aspects of legal anthropology