DECLINE CAUSES - Judicial Scepticism Flashcards

1
Q

GEORGE MACKENZIE

Who was George Mackenzie? P

A

A Scottish lawyer, first to be renowned for his scepticism.

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2
Q

GEORGE MACKENZIE

What did George Mackenzie doubt? P

A

The legitimacy of witchcraft trials.

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3
Q

GEORGE MACKENZIE

What was the name of George Mackenzie’s book and when was it published? E

A

Matters Criminal, published in 1678

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4
Q

GEORGE MACKENZIE

George Mackenzie outlined his views in his book, Matters Criminal (1678).

What did he state? E

(2)

A

Witchcraft might be real but most accused aren’t.

Argued against hunts but accepted true witches deserved punishment, not harsh punishments though, as they’d had been deceived.

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5
Q

GEORGE MACKENZIE

RC - Mackenzie write at a time that showed the impact of ______ like ____ & _____ - both said the _____ didn’t _____ to ________ & shouldn’t be used to _____ ________ hunts.
They _____ in a time of different _________ of _______.

A

a) writers
b) Scot & Ady
c) Bible
d) refer
e) witchcraft
f) justify
g) large scale
h) wrote
i) interpretations
j) scripture

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6
Q

GEORGE MACKENZIE

What was the impact of Mackenzie’s work? IMPACT

A

Revealed Scotland, which had reformed into a Calvinist country, was highly moralistic - shown in Mackenzie’s undeniable influence on Scottish law.

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7
Q

GEORGE MACKENZIE

What was Mackenzie criticised for? IMPACT

A

His atheist views, but his contribution to decline in witch trials & resonance with Sir John Holt is undeniable.

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8
Q

SIR JOHN HOLT

Who was Sir John Holt? P

A

Lord Chief Justice, 1689 - 1710. Influential at times, including the Glorious Revolution.

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9
Q

SIR JOHN HOLT

How many trials did Holt oversee and what was the result? E

A

At least 11, maybe 12, trials - each resulting in an acquittal of the accused.

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10
Q

SIR JOHN HOLT

Outline a particular trial in which Holt was involved in.
E

A

1696 - Elizabeth Horner of Exeter accused of possessing 3 children & walking 9 feet up a wall, according to witnesses.

She was acquitted by Holt.

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11
Q

SIR JOHN HOLT

E - Holt’s attitude to witchcraft reflected his _____ _______ to _____; treating all _______ the same, being ________.
In one case, Holt _______ the trial by putting the ________ on ____. Significant for _________ his _________.

A

a) broad attitude, crime, criminals, empathetic

b) ended, accuser, trial, highlighting, seriousness

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12
Q

SIR JOHN HOLT
RC of Holt:
_______ authors like ______ & _______ - no explicit _______ of him _______ their works, but he was likely _____ of them.

Webster’s ______ & _________ approach relates to his decisions with ___________ 16__ case:
Accused of ______ by ________ but Holt didn’t ______ charges due to ___________.

A

a) influential, Webster & Bekker, evidence, reading, aware
b) rational & materialistic, Mother Munnings 1694
c) killing, witchcraft, accept, unreliable evidence

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13
Q

SIR JOHN HOLT

What did Holt likely doubt and how is this clear? RC

A

The use of devil’s marks or witness statements as solid evidence, evident through the case of Mother Munnings in 1694.

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14
Q

SIR JOHN HOLT
Impact of Holt:
Influenced ______ level ______ - due to change in ________ & standards for ________, _____ became more ________ & too tricky to _____.

_________ approach & _______ of ___________ now _______ in courts.

A

a) lower
b) judges
c) scepticism
d) evidence
e) trials
f) impossible
g) prove
h) materialist
i) rejection
j) spectral evidence
k) normal

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15
Q

BIBLICAL JUSTIFICATION

Many writers urged linking _______ to _________ was unacceptable as there was no ____________.
Referring to the __________ where witches were _______ who used ______ means to harm _______, they claimed most were _____ & ________.

A

a) witchcraft
b) Devil worship
c) biblical justification
d) Old Testament
e) diviners
f) natural
g) enemies
h) frauds & unmagical

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16
Q

BIBLICAL JUSTIFICATION

Biblical justification, combined with what, showed clear effects on judicial scepticism? P

A

New philosophical ideas of Hobbes.

17
Q

BIBLICAL JUSTIFICATION

What did Hobbes write about? RC
2

A

Materialism - impossible for demons to possess humans or take human form.

Supported on biblical grounds through Scot & Webster etc.

18
Q

MECHANICAL PHILOSOPHY

Who put forward the idea of mechanical philosophy and when? E

A

Descartes in the early 17th century.

19
Q

MECHANICAL PHILOSOPHY

What is the basic principle of mechanical philsophy (Rene Descartes)? E

A

God had been instrumental in creating the universe yet each aspect is a mechanism in a machine & governed by its own rules & physical laws.

20
Q

MECHANICAL PHILOSOPHY

What was mechanical philosphy further endorsed by?
How?
What do both ideas exacerbate? RC

A

Return of Scot’s book in 1651, which gained momentum following a reprint.

Scot thought it was improbable God could allow witches to exercise supernatural power or intend for persecution.

The belief God isn’t involved in day to day workings of the world - if he was, supernatural actions were improbable.

21
Q

MECHANICAL PHILOSOPHY

Who proved mechanical philosophy? IMPACT

A

Newton in 1687 - mathematically explained principles of gravity & centrifugal force - 2 aspects of the solar system deemed ‘supernatural’.

22
Q

MECHANICAL PHILOSOPHY

Newton proved mechanical philosophy in 1687.

Who was he endorsed by? IMPACT

A

The Royal Society - it is likely that Holt was aware of it through the Royal Society.

23
Q

MECHANICAL PHILOSOPHY

How is it likely that Holt would have been influenced by Newtons ideas? IMPACT

A

Newton was endorsed by the Royal Society.

24
Q

Briefly explain how judicial sceptisicm impacted decline in witchcraft belief. (2)

A

Created legal climate where it was harder to find guilty verdicts of witchcraft.

Revealed to local communities their strong belief in witchcraft wasn’t as the same as all members of society.

25
Q

How did Reginald Scot’s ‘Discoverie of Witchcraft’ (1584) impact judicial scepticism? (2)
Give evidence.

A

Asked questions about evidence.
Raised concerns about ‘proving’ witchcraft.

George Clifford wrote ‘Dialogue Concerning Witchcraft’, reflective of attitudes at the time.

26
Q

What does the impact of Reginald Scot’s ‘Discoverie of Witchcraft’ (1584) on judicial scepticism show?

(2)

A

Some jury members looked for evidence outside the Bible to prove someone guilty.

Reveals the strength of religion as in the public consciousness it was unchallenged.

27
Q

How did Francis Bacon’s ‘Profiscience of Learning’ (1605) impact judicial scepticism? (1)
Expand (2)

A

Noticeable change in acceptance of evidence.

Lord Chief Justice Edmund Anderson willing to suspend normal proof & convict on presumptions.
Heneage Finch (leading legal figure) oversaw trial in 1620s where Justice of the Peace convicted on 'hard' evidence of a devil's mark.
28
Q

What does the impact of Francis Bacon’s ‘Profiscience of Learning’ (1605) on judicial scepticism show?

A

There was a slight change in attitudes towards requirements to find a witch guilty across all levels of the judiciary system.

29
Q

Thomas Hobbes’ ‘De Homine’ & ‘De Corpore’ (1655-1658) impacted judicial scepticism:
More _____ & _____ were _____ of the _______ behind his ideas.
- _______ found innocent as it was too _______ to _____. The judge left out ___________ so _____ could lead by their _____.

Shift in _______ to finding accusers _____.

  • John Holt, in 17__, ____________ was found guilty for _____ accusing a woman.
  • Holt focused on _______ provided & ________ it’s ________.
A

a) judges & jurors, aware, rationality
b) Joan Buts, difficult, prove, spectral evidence, jurors, heart
c) accusations, guilty
d) 1701, Richard Hathaway, falsely
e) evidence, questioned, scientificity

30
Q

The impact of Thomas Hobbes’ ‘De Homine & De Corpore’ (1655-1658) on judicial scepticism shows: _____ were becoming more _________ & affecting _____ levels of ________.
Reveals ____________ to ____________ was significant.
Led to _____ time someone was found _____ of false ________.
Highlights how ________ reasoning & ________ is relevant to ________.

A

a) ideas, widespread, more, judiciary
b) public attitudes, spectral evidence
d) first, guilty, accusations
e) deducative, materialism, witchcraft