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動物裁判

Animal Trial as Mirror

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解説*池田光穂

ヨーロッパで広く行なわれた動物裁判は、人間に危害を加えたり、また人間と共同して罪を犯したと認定されたとき、人間とまったく同じ 法的手続きを通して(つまり完全に“擬人化”されて)世俗ないしは教会の 裁判所で裁かれたという。極端な例では、裁判所の書記が動物に対して 判決を読み上 げたり、動物を拷問してその叫び声を自白とした場合もあった(池上 1990)。

Animal trial (source: Wikipedia)

[A]n animal trial was the criminal trial of a non-human. Such trials are recorded as having taken place in Europe from the thirteenth century until the eighteenth.

Animals, including insects, faced the possibility of criminal charges for several centuries across many parts of Europe. The earliest extant record of an animal trial is the execution of a pig in 1266 at Fontenay-aux-Roses.[1]

Cohen, Esther (1986), "Law, Folklore and Animal Lore", Past and Present (Oxford University Press) (110). ISSN 00312746, p.8

Such trials remained part of several legal systems until the 18th century. Animal defendants appeared before both church and secular courts, and the offences alleged against them ranged from murder to criminal damage. Human witnesses were often heard and in Ecclesiastical courts they were routinely provided with lawyers (this was not the case in secular courts, but for most of the period concerned, neither were human defendants). If convicted, it was usual for an animal to be executed, or exiled. However, in 1750, a female donkey was acquitted of charges of bestiality due to witnesses to the animal's virtue and good behaviour while her human co-accused were sentence to death.[2]

Srivastava, Anila. (March 1, 2007) "Mean, dangerous, and uncontrollable beasts": Mediaeval Animal Trials. Volume 40, issue 1, page 127. Mosaic: A Journal for the Interdisciplinary Study of Literature.

Translations of several of the most detailed records can be found in E.P. Evans' The Criminal Prosecution and Capital Punishment of Animals, published in 1906. Sadakat Kadri's The Trial: Four Thousand Years of Courtroom Drama (Random House, 2006) contains another detailed examination of the subject. Kadri shows that the trials were part of a broader phenomenon that saw corpses and inanimate objects also face prosecution; and argues that an echo of such rituals survives in modern attitudes towards the punishment of children and the mentally ill.

Evans, E. P. (1987) [1906], The Criminal Prosecution and Capital Punishment of Animals, Faber and Faber. ISBN 978-0-571-14893-6

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