Law and Emotion: The Lexicon of ‘Enmity’ in Early Modern Inner Austria

Abstract This article investigates the lexicon of dispute settlement in early modern Inner Austria, exploring the broadest legal, social, and emotional dimensions of the concept of “enmity” to better understand the nature of dispute settlement and social relations in coeval Central Europe. In particular, the article examines how litigants and courts understood and used “enmity” and its cognates, and how changes in criminal law impacted its usage. The article focuses on interpersonal conflicts and violence among nonnobles, who constituted the vast majority of Inner Austria’s population. It demonstrates that well into the 1700s among local urbanites and peasants, “enmity” and its key synonyms expressing ill-will, discord, or hatred—as opposites of love, concord, and friendship—signified a social state of mutual hostility closely related to violent retribution rather than unrestrained feeling.