Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 25 July 2021

Abstract and Keywords

This chapter aims to study features and development of criminal law in the medieval and modern ages. The emergence, at the end of the eighteenth century, of the state monopoly on punishment, connected with the establishment of the statutory law as an ordering factor, represents a historical turn. Before, criminal law—much more than to the exercise of a right to punish—is related to the problem of determining justice in order to produce a public space substitute for revenge. The chapter, considering this different foundation, analyses the ordering factors structuring the criminal law system. It then focuses on peculiar features of the criminal trial and on key aspects such as the role of the judge, the sanctions regimes, the taxonomy of the crimes, and the regimes of proof. Some cursory remarks, as to how the criminal legal order turns into a system under a state monopoly, serve as a conclusion.

Keywords: revenge, negotiated justice, hegemonic justice, judges’ arbitrium, criminal trial, crime, sanction, evidence, autonomy of the law, statutory law

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.