The question arose in class on Thursday, why are we
even discussing the so-called ‘medieval animal trials’? While there is
certainly evidence that some very odd trials were conducted, we can say little
conclusively given the very limited nature of that evidence; namely, just about
everything we know of animal trials is based on and structured by the research
of one man at the turn of the twentieth century, E.P. Evans. This presents a
number of problems, that of trusting a single conveyor for all of this
information aside. Our idea about where and when the trials were conducted is
biased by where Evans concentrated his research. It is questionable whether the two types of
trials described and exemplified in Evans’ research, the trying of individual
domesticated animals through criminal court systems and that of vermin in
ecclesiastical courts, are indeed variations of the same phenomenon. What’s
more, as Beirnes makes a point of saying, Evans’ research and the presentation
of his findings was motivated by contemporary concerns for animal rights and
penal reform (41). That said, by no means do I think these concerns of Evans
should disqualify his legacy, but they do help to situate it.
Taking Evans’ data as it is, though, the question
is begged of why animal trials are even spoken of as a medieval phenomenon. While it does seem to begin to occur with some
frequency in the 13th century, the record is thin, and the heyday
for animal trials, in fact, were the 15th, 16th, and 17th
centuries. On this count, we seem to be discussing an early modern phenomenon
rather than a medieval one—if such a distinction means anything at all.
Furthermore, the culmination of this “medieval” phenomenon, as represented in
the records we have, coincides with the burgeoning of the very enlightenment
ways of thinking that one would think would militate against it.
I want to see if, for a moment, we can put
generalizations about all of Europe and the Middle Ages aside and think about
the facts as best we have them of these animal trials, and see, based on what
we know of the practices, what we can say. To restrict this exercise even more,
I’ll only consider criminal trials of animals, the particular cases of which I
think we can more readily believe to be instantiations of the same phenomenon.
Ok, really, my aim is to defend Enders’ article, “Homicidal Pigs and the
Antisemitic Imagination.” I was rather surprised by the wholesale dismissal of
Enders’ argument in class, which I find, even forfeiting her more ‘precarious’
claims (which, honestly, I don’t feel compelled to do), to be more than
plausible.
For one, I do not think we can deny that the trial
of a sow is a humanizing process. As many of our readings pointed out, the
courts went to great lengths to give individual animals going through the
judicial system the same treatment as human beings. Questions of will and guilt
aside, the trial of a violent animal involved the ascription of human qualities
to the animal on trial (209). The law punishes transgressions, but its domain
being the human, it cannot punish an animal for being an animal—which wouldn’t
appear to be a transgression anyhow. Nor, though, can it punish an animal for
being somewhat human (on the face of it, this would be an improvement), lest
the order of the world be quite upset. The law takes care of criminals; only
humans are criminals. Thus the whole process of making animals on trial human
enough such that they can be condemned for their inhumanity, for their
animality. Notice that it is a very human barbarity which is recast and
naturalized in the animal as it is put on par with the human criminal.
The connection between the humanization of animals
on trial and the animalization of humans appears too obvious to me to ignore.
Are they anything but two sides of the same coin? What was it that human
criminals were punished for but the transgression of the boundary between human
and animal? This is the very sophistry Enders talks about by which “humanity”
is defined and nourished (204).
Another thing: a couple of the readings raised the
question of whom the trials and executions of animals were conducted for. Did
people think that other animals could gain some kind of moral instruction from
witnessing the execution of one of their peers? Probably not, but here’s what
we can say with confidence: the trials and executions of individual animals
were conducted and watched by human beings. Who do you think was affected by
and internalized the spectacular production of humanity and inhumanity and its
violent consummation?
Now the big question in regard to Enders’ argument:
the connection between homicidal pigs and the antisemitic imagination. If
humanity is defined, precariously, by its opposition to animality, marked off
by the dividing line between these categories, then what of the people who are
unwelcome in the human community? Is it at all a stretch (as seemed to be
implied in class) that Jews would be identified with the animal (as evidence
shows they were) and that there would be some sort of connection between the trials
and execution of humanized animals and the public attitudes toward animalized
humans (as the striking parallels indicate)? I want to join Ender in pushing
against a focus on the “symbolic importance” (Cohen 75) of animal trials, a
focus which can obscure the very real effects of violent public ritual. That
said, we should also keep in mind that the same ritual can have different
effects and meanings for different members of a community. There is a camp in
anthropology that views rituals as arguments made in the public sphere. Though
they may be condoned by authority, tradition, or majority, by the nature of
their being arguments, they leave room for both agreement and disagreement.
I have more to say on this, but I just want to end by re-iterating a point I was trying to make in class. The claim was brought up, and it was also in one of the readings, that it is inappropriate to think of animal trials as animal cruelty because the animals received due process of law and were in all respects treated as humans—indeed, we can think of this treatment as quite charitably kind. I could hardly disagree more. A cruelty/kindness model so far from saturates the possibilities of treatment as to be useless. We would not say, ‘oh, at least that Christian fellow and his Jewish lover got due process of law before being completely degraded and burned alive’ (Enders 223). I struggle to see the resemblance between institutionalized cruelty, incorporation into a system which is biased against you, and kindness.
-JS
I have more to say on this, but I just want to end by re-iterating a point I was trying to make in class. The claim was brought up, and it was also in one of the readings, that it is inappropriate to think of animal trials as animal cruelty because the animals received due process of law and were in all respects treated as humans—indeed, we can think of this treatment as quite charitably kind. I could hardly disagree more. A cruelty/kindness model so far from saturates the possibilities of treatment as to be useless. We would not say, ‘oh, at least that Christian fellow and his Jewish lover got due process of law before being completely degraded and burned alive’ (Enders 223). I struggle to see the resemblance between institutionalized cruelty, incorporation into a system which is biased against you, and kindness.
-JS