The Evolution of Justice: Renaissance Law versus Modern Democracy
(Very Good Intro That Will Hook The Reader) Therefore, modern law parallels justice systems during the renaissance period, as democracy has evolved from it.
Unlike today, during the Renaissance there were several court systems that had power during the same time period. The Byzantine Empire’s reign ended before the renaissance began, but the way it was structured influenced the justice systems to come. Byzantine was a secular court of law that mirrors some of the aspects of democracy (Rautman). The largest reigning court system during the renaissance was the inquisition. The term “inquisition” stems from the latin word “inquiro,” meaning to inquire into. The Inquisition was
As the Byzantine empire’s power began to lessen, ecclesiastical law flourished (Rautman). The Inquisition was entirely based around Roman Catholicism, and was commonly seen as needed in order to protect and defend the church from protestantism and sinners. It’s courts had judges called “inquisitors.” Inquisitors served lifelong terms and made decisions solely in the name of the Pope. While the only type of crime pursued and prosecuted by the Inquisition were crimes against the church, it was often accused of being a very biased institution, as all verdicts were made according to Catholic beliefs, regardless of the circumstance
In 1939, President Franklin D. Roosevelt recognized the place that religion holds in democracy. “Religion, by teaching man his relationship to God, gives the individual a sense of his own dignity and teaches him to respect himself by respecting his neighbor's. Democracy, the practice of self-government, is a covenant among free men to respect the rights and liberties of their fellows. International good faith, a sister of democracy, springs from the will of civilized nations of men to respect the rights and liberties of other nations of men. In a modern civilization, all three—religion, democracy and international good faith—complement and support each other” (Franklin D. Roosevelt: State of the Union message). This statement supported the idea that religion is associated with a well functioning government. However, in the case of Everson v. Board of Education it was stated that, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach” (Hugo Black). This case occurred after Roosevelt’s presidency, and left a significant impact on the American government, as it made clear that religion had no place in the government (Hugo Black). In recent years, a larger disconnect between the church and the American court systems has been created with the nationwide
The Supreme Court case in Elk Grove Unified School District v. Newdow result in a unanimous ruling that the phrase “under God” may remain in the Pledge of Allegiance as narrated in public school classrooms. The court made the decision because the atheist father did not have grounds to sue the school district on behalf of his daughter. While the ruling was made on the Flag Day, it did not meet the clear endorsement of the constitutionality of the pledge as sought by President Bush and leaders of Republican and Democratic Parties in Congress. Notably, the eight judges who participated in the case had voted to turn over a federal appeals court decision in 2003 that would have prohibited the use of the phrase in public schools as an infringement of the constitutional outlaw on state-sponsored religion. A majority of these justices i.e. five made that ruling on procedural grounds in which Michael A. Newdow, the atheist, did not have legal reasons to sue the school district (Lane, 2004).
There are still traces of this left in American courts, with the most evident being the oath made over the bible(New World Encyclopedia, 2015). Religious bias is no longer allowed in any form in a courtroom, and its influence on officials has decreased a lot. There is also a lot more public opinion allowed today about the court system and various aspects of certain court cases. In Salem if you were to protest a judge’s decision, you would be accused of attacking the court(New World Encyclopedia, 2015). With that being said, many people did not speak their opinions during the Salem Witch Trials, if they disagreed with
Roman Emperor Constantine I founded the Byzantine Empire in 330 CE as a continuation of the Roman Empire in the east. The characteristics of the empire led to the modern definition of “Byzantine,” which means “strangely complicated.” This was true, as in the Byzantine Empire was very chaotic, complex, and strange at times, but it was very massive and influential worldwide. The empire heavily influenced modern religion, laws, and engineering, making it worthwhile learning about the empire. Our ideas about laws and philosophy are borrowed from those of Justinian’s code, which was the main set of laws of the empire.
A popular notion among many religious conservatives is the rejection of what is commonly referred to as the separation between church and state. They maintain the United States was founded by leaders who endorsed Christian principles as the cornerstone of American democracy, and that the First Amendment prohibition against government establishment was not intended to remove religion from public life. As a result, a number of disputes have made their way through to the courts, pitting those ready to defend the wall of separation, against those who would tear it down. Two recent cases have brought this battle to the forefront of political debate. The first involves an Alabama Supreme Court justice, who, in defiance of a Federal judge, fought the removal of a granite display of the Ten Commandments from the rotunda of the state courthouse. Also, a California man has challenged the constitutionality of the phrase “under God” in an upcoming Supreme Court case involving student recitation of the pledge of allegiance.
Witchcraft trials were prevalent throughout medieval history, especially throughout the continents of North America and Europe. The propose of these witchcraft trials was to identify those that appeared to be practicing witchcraft, place them on trial, and ultimately punish them for their alleged heretical beliefs and behaviors. These hunts and trials were often sanctioned by high ranking members of the church. One such high ranking supporter was Pope Innocent VIII, who not only acted as the approving authority, but also encouraged the trials to take place in order to cleanse the world of heretics and nonbelievers. With such strong supporters as Pope Innocent VIII, it is no wonder that others began creating their own guides outlining exactly
With sounds of youthful laughter, conversations about the students’ weekends, and the shuffling of college ruled paper; students file into their classrooms and find their seats on a typical Monday morning. As the announcements travel throughout the school’s intercoms, the usual “Please stand for the Pledge of Allegiance” becomes no longer usual but rather puzzling to some students. “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, indivisible, with liberty, and justice for all.” Confusion passes through some of the student’s minds. With the reoccurrence of “God” in the backdrop of American life, the relationship between church and state has become of little to no matter for American citizens just as it has with American students. While congress makes no law respecting an establishment of religion, the term “freedom of religion” presents itself to no longer be the definition of “free”, while also having its effects on debates today. According to Burt Rieff, in Conflicting Rights and Religious Liberty, “Parents, school officials, politicians, and religious leaders entered the battle over defining the relationship between church and state, transforming constitutional issues into political, religious, and cultural debates” (Rieff). Throughout the 20th century, many have forgotten the meaning of religion and what its effects are on the people of today. With the nonconformist society in today’s culture, religion has placed itself in a category of insignificance. With the many controversies of the world, religion is at a stand still, and is proven to not be as important as it was in the past. Though the United States government is based on separation of church and state, the gover...
The judicial system we know today has changed in many ways. One of the ways this system changed is how they reach a verdict, In the modern day long investigation have to take place and reliable evidence has to be shown to the court so that there is less chance that the accused could be misjudged unlike the medieval times were it was common that people were misjudged. The medieval period taught us that we have to be sure of which person is guilty and innocent. Unlike believing one Man’s word like the medieval
This paper will attempt to accurately examine the development of the Spanish Inquisition, from the spread of the Inquisition into the Spanish territories through the ultimate upheaval, and the initial dissolvement, of the authority it held over the public who feared it. It will endeavor to show the implications of the Spanish Inquisition and how it was ultimately used as a device in its own undoing. Such an examination helps to explain the use of Church authority in secular governing, and later the separating of the Church from the crown. The paper will also take a closer look at this racial injustice in an attempt helping to see just how this may happen again if not understood and foreseen.
First Amendment issues of the separation of church and state and state establishment of religion have long been litigated in the federal courts. Until recently, the Supreme Court had a consistent track record of preventing the intermingling of religion and government, especially when it came to the nation's public schools. Yet this past year, a newly activist conservative court has set about rewriting some of the Warren Court's judicial legacy. In the 1995 case of Rosenberger v. University of Virginia, the Supreme Court, in a 5-4 ruling, declared that the University of Virginia was constitutionally required to subsidize a student religious magazine on the same basis as secular publications and activities. This decision opens the door to greater government financial support for religious organizations. Groups like the Christian Coalition and the American Center for Law and Justice, the legal wing of Pat Robertson's financial empire, saw this narrow decision as a victory for their agenda of weaving together government and religion, thus tearing down the wall of separation between church and state, To justify their pursuits, they site the need for moral leadership in this country, which many view as ethically and morally rudderless. Yet Ralph Reed, Pat Robertson, the Christian Coalition, and other similarly thinking individuals and groups are promoting an agenda more far reaching than their mainstream supporters have in mind. The move to infuse government with a greater religious presence has almost nothing to do with instilling traditional values and morality, and almost everything to do establishing Christianity, specifically evangelical Christianity, as the state religion. ...
America is constantly evolving and redefining itself. We have come to the point where we are less inclined to criticize individuals that are different from us and more inclined to embrace eachother’s eccentricities. Those who oppose a separation between church and state claim that because this country was founded on religious principles, our government should continue to base its laws on Christianity. An article entitled, “Standing up for Church-State Separation in Difficult Times,” states that, “Religious Right groups are crowing and insisting that they have some sort of mandated to make their repressive agenda the law of the land,” however, we no longer live in the 1700’s (13). Times are changing and America is no longer predominantly white, Christians. In order for America to remain the melting pot we are all so proud of, we must accommodate all beliefs. A separation between church and state is necessary if America wants to give all of its citizens their religious rights.
Criminal justice system refers to system of practices as well as institutions of the government which are directed at upholding, deterring social control and also mitigating crime. In other words, sanctioning those people who violate laws with rehabilitation efforts and criminal penalties. It consists of three major parts; legislative whom create the laws, adjudication which refers to the court and correction centre also like jails and prison. Criminal justice acts in such a way that the people accused of crime is protected against abuse of investigatory and power of prosecution. In the 16th century in France, the people were ruled by the monarchial government. The reputations of monarchs had a chief role which was to provide justice as well as maintaining order. This was ordered to increase peace and prosperity among the people. Also, their reputations were increased by the glorious pageant referred to as the French Renaissance. This shows that the government had laid down rules which provided peace and prosperity among the people.
The inquisition was a religious institution that policed the new Christians in the Iberian Peninsula. The inquisition was a by-product of hundreds of years of negative relations towards non-catholic people in Europe. It began around 1478 and in ended in 1834; during the three hundred and fifty-six years responses to the inquisition change immensely. This was partly due to many laypeople being indoctrinated by anti-Semitic and pro- Catholic propaganda. The pre-existing anti-Semitic feeling in Europe along with previous medieval inquisitions, helped to allow the Iberian inquisition to become a part of the Spanish and Portuguese way of life. This acceptance changed later in Iberian history because of the many factors lead to the abolishment of the Inquisition.
In recent history the Vinson, Warren, Burger, Rehnquist, and Roberts Courts have handed down several decision that have limited religion in the public square. Those courts have had a landmark case regarding faith, Vinson had Everson, Warren had Engel and Abington, Burger had Lemon, Rehnquist had Santa Fé,...
The First Amendment of the U.S. Constitution states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. The Establishment Clause and the Free Exercise Clause, together known as the Religion Clauses, established a wall of separation between the Church and State over two hundred years ago, and continue to uphold this wall as if ironclad to this day. It is interesting to note that there is no actual trace of the phrase “separation of Church and State” anywhere in the Constitution; rather, it was a term coined by Thomas Jefferson in an 1802 letter made after the fact of the Constitution’s ratification. However, the phrase’s absence from the Constitution does not mean that it is a less
All throughout history, women were often held to a different set of expectations from that of their male counterparts. This is something that is seen all over the world, during various time periods and in different societies. Renaissance Florence, is no different in this social aspect, because women were expected to do and act a certain way, so that they could hold their distinct place in society. There are three areas that are really important to a woman’s sphere during the Renaissance time period: The first being, her family’s status in society, to her her ability to bare children, and finally her chastity leading up to and during her future marriage. These are all aspects of a woman’s scope that are portrayed in the court case of Giovanni