High, middle and low justice in the context of "Misdemeanor"

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⭐ Core Definition: High, middle and low justice

High, middle and low justices are notions dating from Western feudalism to indicate descending degrees of judicial power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents. The scale of punishment generally matched the scale of spectacle (e.g. a public hanging = high justice), so that in France, Paul Friedland argues: "The degree of spectacle [was] originally the basis for a distinction between high and low justice", with an intervening level of 'middle justice', characterised by limited or modest spectatorship, added around the end of the fourteenth century.

Low justice regards the level of day-to-day civil actions, including voluntary justice, minor pleas, and petty offences generally settled by fines or light corporal punishment. It was held by many lesser authorities, including many lords of the manor, who sat in justice over the serfs, unfree tenants, and freeholders on their land. Middle justice would involve full civil and criminal jurisdiction, except for capital crimes, and notably excluding the right to pass the death penalty, torture and severe corporal punishment, which was reserved to authorities holding high justice, or the ius gladii ("right of the sword").

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High, middle and low justice in the context of German mediatization

The German mediatisation (English: /mdiətˈzʃən/; German: deutsche Mediatisierung) was the major redistribution and reshaping of territorial holdings that took place between 1802 and 1814 in Germany by means of the subsumption and secularisation of a large number of Imperial Estates. Nearly all the ecclesiastical principalities and free imperial cities, as well as most minor secular principalities and other self-ruling entities of the Holy Roman Empire lost their independent status and were absorbed by the remaining states. By the end of the mediatisation process, the number of German states had been reduced from almost 300 to 39.

In the strict sense of the word, mediatisation consists in the subsumption of an immediate (unmittelbar) state into another state, thus becoming mediate (mittelbar), while generally leaving the dispossessed ruler with his private estates and a number of privileges and feudal rights, such as low justice. For convenience, historians use the term mediatisation for the entire restructuring process that took place at the time, whether the mediatised states persisted in some form or lost all individuality. The secularisation of ecclesiastical states took place concurrently with the mediatisation of free imperial cities and other secular states.

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