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By Francisca Loetz, Rosemary Selle

In past times, old study has handled violence regularly as regards to struggle, homicide or bloodbath. Francisca Loetz argues for a brand new, complementary method of historical past of violence as an interpersonal type of social motion skilled as unacceptable habit and aiming to subjugate the sufferer in lifestyle. examining instances of what the resources name "sexual attack" and "sexual abuse" within the urban country of Zurich among 1500 and 1850, Loetz discusses basic methodological difficulties resembling: how can violence be outlined as an idea? What makes violence what it really is in a given society? Why is early glossy "sexual attack" and "sexual abuse" now not such as sleek rape and abuse? How does Zurich examine with pre-modern Europe?

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For a typical example cf. Mommertz (1996). In this connection Töngi warns pointedly of the “fiction of presence” suggested by interrogation protocols: Töngi (2004), 61–70. 63 For a detailed discussion cf. Loetz (2003). e. products of verbal action which have been written down by the court clerks according to judicial criteria? From a linguistic perspective, speaking can be regarded as acting with words. P. 67 Such models analyze how trains of speech relate to each other and take effect on the basis of certain “conversation maxims”.

40 The case of Heinrich Bünzli reveals however that the trials did not always take a smooth course. The court’s judgment of 1834 stated that Bünzli’s confession given 38 The selection of jurors and the professionalization of Zurich’s judiciary has not been systematically researched. We do not have precise knowledge of where and how lawyers and judges were trained and how people became jurors. For the Ancien Régime we may assume that the sons in magistrates’ families entered the law chamber as trainees, gaining insight into the administration.

1, p. 1831. 40 Cf. 30, p. 1846. 41 The court records show that such procedural defects working to the disadvantage of the accusers were rare. In most cases the legal procedures were correctly observed. The pleas in 19th century cases indicate that defense counsel frequently used the argument that the accused had made false confessions under pressure or had not been correctly questioned and had therefore justifiably retracted their confessions during proceedings. This argument was only very rarely accepted by the courts.

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