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The True Face Of The Inquisition

Posted on:2008-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:B WuFull Text:PDF
GTID:2206360215972822Subject:Legal history
Abstract/Summary:PDF Full Text Request
The adversary system which the Common Law Famili adopts and theinquisitional system which the Roman Law Famili adopts are the two lawsuitmodes in our times. Inquisitional system came from the inquisitional procedurewhich Christianity established first in the Europe Middle Ages, and theorganization was Inquisition. Maybe because of the separation of religion from thepolitic, the scholar neglects the research of relevant organizations in the cannon law.Harold J. Berman considers the cannon law as the 'first western modern legalsystem', so the ignorance of relevant contents in the cannon law will cause somedeviations, even the mistakes. Bruno's case had been attended for a longtime, sotheme ofthis text determines as operation course of the whole procedure.This text mainly includes five parts:Past one composes four respects: the study history, academic dispute, realistic stateand method and purpose of this text. The writer think that we should place theannouncing of its historical fact above the other things in our research, but not dotoo many and subjective historical value to judge to it on the foundation notunderstanding it is even this kind of fact of twisting.Part two introduces two aspects divided into the system and procedure ininquisitional procedure of religious referee to the emergence and change. Thechurch uses state power to attack the heterodoxy after the Roman Empire madeChristianity state religion. Appear prosecute system and mode considered to beembryonic form of Inquisition, especially in this course. After that, the churchestablished the special judicial organization for heterodoxy case which isInquisition. Later, following church's authority the rise and decline of power,Inquisition went through one's own prosperity and decline too.Part three introduces the Bruno's case and inquisitional procedure of Inquisitionbriefly.Part four divides the procedure into earlier stage, middle period and later stagethree stages to expound combining with Bruno. The previous procedure includesdenouncing the procedure, detaining the procedure and investigation procedure specifically. The middle includes interrogate and the inquisition by torture.Judgment procedure and executive program form the procedure on later stagePart five introduces the distinct views on of attacking the heterodoxy thoughtinquisitional procedure, and then analyzes the internal procedure through the angleof law science. Finally, we should put forward historical value and historicallimitation to the Inquisition in terms of history and make just appraisal.
Keywords/Search Tags:Inquisition
PDF Full Text Request
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