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2. Osmapadesátý článek Theresiany: tradiční pojetí či dekriminalizace deliktu magie?

Creator:
Kreuz, Petr
Format:
print, bez média, and svazek
Type:
model:article and TEXT
Subject:
česká a uherská královna, císařovna, choť Františka Štěpána I., římskoněmeckého císaře, Marie Terezie, 1717-1780, kouzelnictví, čarodějnictví, conjuring, witchcraft, dekriminalizace, Theresiana, Artikul o kouzelnictví, delikt magie, Article on Sorcery, delict of magic, decriminalization, 8, and 94(437)
Language:
Czech and English
Description:
The 58th article of the penal code issued by Maria Theresa (Theresiana - 1768), let as say the Article on Sorcery (1766) did not represent (as suggested traditionally in the literature) only a not very successful compromise between the traditional penal law doctrine on the one hand and new impulses of the philosophy and legal thinking of the Age of Enlightenment, though it may appear so at the first sight or by superficial reading. The Empress achieved in Theresiana the decriminalisation of the offense of magic art not only in practice but de iure as well. De facto, in practice, this stage had been reached already earlier, in the second half of the fifties of the 18th century. This manner of decriminalisation is typical for the (central)european penal law in the earlier phase of the Enlightenment through which was also just passing the Habsburg monarchy under the reign of Maria Theresa. In the same way is for this phase of development typical the strenghtening of the protection and the rights of the accused or investigated person within the penal procedure by creating different formal and real guarantees and obstacles during the proceedings. This approach was partly a continuation of the early modern and in the early stage of Enlightenment voiced criticism of magic art and sorcery trials., Petr Kreuz., and Obsahuje bibliografické odkazy
Rights:
http://creativecommons.org/publicdomain/mark/1.0/ and policy:public

3. The role of gender in accusations of witchcraft: the case of eastern Slovenia

Creator:
Mencej, Mirjam
Format:
bez média and svazek
Type:
model:article and TEXT
Subject:
witchcraft, Slovenia, gender relations, folk religion and beliefs, and field research
Language:
Czech
Description:
The paper deals with the role of gender in the context of witchcraft. It focuses on the situation in a rural area in eastern Slovenia, where the author and her students researched witchcraft in 2000 and 2001. The meaning of a gender in witchcraft accusations is presented with respect to various levels and types of witch (social level - neighborhood witches, village witches; supernatural level – night witches; counter witches). Among neighborhood witches (about whom people believe that they perform some kind of magic: placing eggs etc. in the hope that they will hurt neighbors; intentional praise), women are typically assumed to be guilty; men appear only in the subcategory of people with evil eye. Similar holds for all the subcategories of village witches, except for those who earned their reputation because of the assumption of their possession of a book of magic (where men predominate). Night witches (in the form of lights or vague presences which make it difficult for people to find their way) are always female (they are spoken about using the feminine gender; when they are recognized as people from the village, they are always women). In contrast, the ratio of men to women among counterwitches, to whom people turned for help against witches, rises dramatically. The most influential counterwitch whom people visited in this area was a men. The relationship between the sexes can also be seen through an analysis of (migratory) legends about witches whereby many of them reveal a concealed misogyny.
Rights:
http://creativecommons.org/publicdomain/mark/1.0/ and policy:public