The literary image of queen Isolde‘s exculpatory oath and the practice of trial by ordeal in the middle ages Cover Image

LITERACKI OBRAZ PRZYSIĘGI OCZYSZCZAJĄCEJ IZOLDY A PRAKTYKA STOSOWANIA ORDALIÓW W ŚREDNIOWIECZU
The literary image of queen Isolde‘s exculpatory oath and the practice of trial by ordeal in the middle ages

Author(s): Alicja Bańczyk
Subject(s): History of Law, Studies of Literature
Published by: Uniwersytet Jana Długosza w Częstochowie
Keywords: exculpatory oath; Tristan and Isolde; law and literature studies; trial by fire

Summary/Abstract: The presented paper is devoted to the analysis of the literary presentation of the exculpatory oath sworn by queen Isolde and the ordeal (trial by fire) on her from the perspective of the medieval criminal procedure. The article aims in analysis of how the artictic, literary view of the presentation of the trial on Isolde reflects the historical truth and in answering the question on the reasons of the possible discrepancies. This is why the author shortly depict the analysed episode in varied versions of the legend the picture of which is contrasted with the legal regulations on swearing the exculpatory oaths and conducting trials by fire. All stages of those criminal proceedings, including preparations, conduct of the trial and usage of props are researched on. The broader question, which is answered in this article is whether the research on law can be a useful tool within literary studies and whether the literature can be the research field for lawyers. Then is answered, what is the reason for law and literature studies.

  • Issue Year: XIV/2018
  • Issue No: 14
  • Page Range: 57-66
  • Page Count: 10
  • Language: Polish