101. SOSEDJE IN SOVRAŽNIKI: REŠEVANJE SPOROV PRED LJUBLJANSKIM MESTNIM SVETOM V ZGODNJEM NOVEM VEKU (1521-1671).
- Author
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OMAN, Žiga
- Subjects
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MEDIATION , *CORPORAL punishment , *CRIMINAL procedure , *CITY councils , *HOSTILITY , *DISPUTE resolution - Abstract
This paper addresses enmities between burghers and other inhabitants of early modern Ljubljana, documented in town council records from 1521 to 1671. In traditional dispute settlement, the concept of enmity was closely related to violent retribution, which was antithetical to the ideals of urban communities, which since the Middle Ages had been established upon the renunciation of the right to feud. Focused on the conception of enmity in the Carniolan capital following the general prohibition of feuding in 1495, the paper analyses the role, language and emotional dimension of traditional practices of dispute settlement, their intertwinement with court proceedings and coexistence with criminal law. While town council records cannot provide a complete picture of the attitude towards enmity or feud in early modern Ljubljana, as no criminal court records survive, they are an important source for understanding social relations more broadly and, in particular, the manner in which everyday enmities that undermined ideals of neighbourliness were mediated by the secular authorities. The analysis shows that in Ljubljana the traditional conception of enmity as a public expression of hostility and discord - the opposite of the urban values of peace, concord and good neighbourliness - remained in use well into the seventeenth century, despite its normative prohibition, as did the traditional terms and emotions expressing this relationship, especially 'resentment', 'bitterness' and (just) 'anger', while 'rage' seems to have still been used very rarely to justify transgressions of social norms. Although physical violence did not always erupt in the investigated cases, and remained limited when it did, it was a viable threat in enmities, even when they were largely carried out before the town council or court. These were the central fora for both conducting and settling enmities among burghers, as well as other lay non-noble inhabitants of early modern Ljubljana. Underpinned by community mediation in disputes, the burgomaster, town judge and councillors principally acted as mediators and arbiters, attempting to lead conflicting parties to settlement before enmity was exacerbated into violence - in particularly bitter cases by forcing them to settle ex officio under threat of sanctions (heavy fines, prison sentences) or even 'harsher', i.e. corporal punishment. The council and court also retained traditional expressions of renewed friendship and neighbourliness, (mutual) public apologies and handshakes to demonstrate reconciliation between the parties. Consequently, the autonomous town authorities were instrumental for the long perseverance of traditional practices of dispute settlement in Ljubljana, which is comparable to findings elsewhere in Europe. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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