In belle époque France, criminal juries were criticized as too tolerant of crime and too lenient to effectively punish criminals. While the French institution of the jury was under attack by magistrates and other elites, mixed sex juries provided an alternative model. Jury reformers advocated the introduction of mixed-sex criminal juries in France in order to render better verdicts and reduce crime, especially in the areas of infanticide and abortion. The French National Assembly debates over proposed legislation, however, stalled over political concerns with women's truncated citizenship rights. Historical analysis of the types of arguments deployed in this jury reform debate (including archival documents, parliamentary records, and press sources) reveals that reform proponents argued that gender difference-especially in terms of morality and psychology-justified women's admission to juries, particularly in cases of infanticide and abortion. The operation of an unofficial “women's jury” (jury féminin) between 1905 and 1910 in Paris demonstrated women's judicial decision-making capacity. Analysis of this citizens' jury documents the development of a feminist critique of the legal treatment of domestic violence, reproductive freedom, and marriage law publicized in the early twentieth century. This research contribution posits grounds for the re-periodization of feminist legal history as viewed through this case study of women's claims to jury service in Third Republic France.

Contemporary Western legal systems allow any individual to serve as a witness and to testify in court. However, in legal regimes from late antiquity we find strict limitations on the eligibility of certain types of people to serve as witnesses. Some of the lists of disqualified witnesses are very particular, thus inviting explanation of the reasons for the specific rules of disqualification. Such is the case regarding both Jewish and Roman rules of disqualification, which are the topic of this paper. Tannaitic halakha, composed in Roman Palestine between the first and third centuries CE, includes a list of four characters disqualified from giving testimony, which has long defied interpretation: “a dice player, a usurer, pigeon flyers, and traders in Seventh Year produce”. This paper offers a novel approach to the study of this list, suggesting that the rabbis drew on the Roman legal institution of infamia when constructing their own laws regarding disqualified witnesses. Beyond solving a puzzle relating to Jewish law, the paper also sheds light on the inner logic of Roman law, maintaining that Jewish and Roman rules of disqualified witnesses are commonly grounded in an ethics of self-control. By drawing attention to this previously unnoted theoretical subtext, the paper contributes to a missing chapter in the global history of evidence admissibility rules.

Orit Malka's Disqualified Witnesses, Between Tannaitic Halakha and Roman Law is structured around a puzzle. Why did the rabbinic literature produced in Roman Palestine in the early centuries of the Common Era identify a list of four seemingly disparate types of people—dice-players, usurers, pigeon-flyers, and traders in Seventh Year produce—as disqualified from giving testimony in court? This argument has important implications, I suggest, for all legal systems—like most throughout history—that are not structured around a modern, positivist conception of law and of the role of courts.

This short piece is designed to be a response to the article by Orit Malka.

Malka presents convincing evidence in support of the claim that the rabbinic list is not indigenous but borrowed from the Roman legal institution of infamia, which was also attached to certain professions and also deprived persons of their eligibility for testimony. More important, she shows that this structural parallel is bolstered by a deeper conceptual parallel, for underlying both the rabbinic and the Roman disqualification is a wider Greco-Roman discourse on self-control (with Plutarch providing a four-fold list parallel to the tannaitic list in substance).