From the reading, I would like to focus on Roper’s take on torture- its
application and the relational aspects at play between the accused and the
various overseers of justice. Firstly, Roper emphasized how torture was
incorporated into the entire legal process of the time period, not singularly
in the witch-hunts carried out. As the author states, “the widespread
conviction that pain freed the tongue of the criminal was a cornerstone not
only of the legitimacy of the witch hunt, but of the entire legal edifice of
the time” (Roper 46). In essence, torture was acceptable as a tool in a broader
legal context, applied in degrees to ultimately seek truth. Overall, torture
was part of an intact system of justice, a procedural way to extract the information
believed to be available- especially in regards to the Devil (Roper 51). In this way, the author suggests that torture
was not an extreme reaction utilized only in the case of the witch-hunts.
Moreover, the text supplies evidence that women did, at times, endure torture
without confession. For example, “Maria Noll of Nordlingen resisted sixty-two
applications of torture and her steadfastness eventually undermined the basis
of the Nordlingen panic” (Roper 50). Therefore, torture was a crucial element
in the confession-driven landscape of the hunts, but it was not necessarily a
unique application itself.
However, Roper develops ideas of torture that do situate its uses more
specifically to the witch-hunts. The author delves into the interactions
amongst those carrying out justice and those accused, identifying a
relationship between interrogator and accused as “unequal” yet still somehow collaborative
(Roper 58). This bond becomes reflected
by a “particular kind of empathy” by the interrogator, who is also at times a “compassionate
philanthropist” (Roper 57). This does
fit into the pattern of Roper always considering the very human and very real
aspects of the witch-hunts through the lens of psychology and emotion. Yet, as
a reader, the above-noted ideas sit uncomfortably for me. I am not positive I
agree with Roper’s terminology, if I understand the attempt to demonstrate that
the perspective of the interrogator was not simply cruelty. An interrogator was
subject to the new strict moral order, as well as the systematic approach of the
legal system with the purity of justice at the heart. In effect, justice
required the interrogator to take into account all the factors- to listen to relations
of daily life and to seek a wide range of information. I am just not convinced
empathy is the right word here.
What did you think of
Roper’s approach/ideas in the reading?
I agree with you that it is hard to find any sort of "empathy" in these situations. I think it's hard for us, having lived in a different environment with different morals, to fully understand how this kind of legal system could be anything but cruel. Though I think their hearts were in the right place, and I am glad they understood the need to a strict system of rules of interrogation.
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