UM ESTUDO COMPARATIVO SOBRE A PENA DE MORTE IMPUTADA ÀS MULHERES ADÚLTERAS NO FUERO JUZGO
Abstract
In this text, through the Comparative Method in History proposed by Jürgen Kocka, we will specifically analyze the penalties imposed on women judged as perpetrators of the crime of adultery in Medieval Castile of the century. XIII, For this, we will focus specifically on three cases, contained in the Fuero Juzgo, - legal work sent for translation, adapted and elaborated under the reign of Fernando III (1217-1252), composed of matters of ecclesiastical law, of the law of the king and customary usages and that interact with the purpose of ordering the populations that inhabit this peninsular territory -, in which they are assigned the death penalty for infringing the royal law, being considered, therefore, as authors of the error and, consequently, responsible for him. This analysis will allow us to understand the legal policy of the Castilian monarchy with regard to women agents of crimes/mistakes, especially with regard to the punishments attributed to them, as well as the criteria established by the monarch to allocate different penalties for the same infraction.
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