Creating And Sharing Legal Knowledge In The Twelfth Century

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Creating and Sharing Legal Knowledge in the Twelfth Century

Author : Stephan Dusil,Andreas Thier
Publisher : Medieval Law and Its Practice
Page : 0 pages
File Size : 40,7 Mb
Release : 2022
Category : History
ISBN : 9004428291

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Creating and Sharing Legal Knowledge in the Twelfth Century by Stephan Dusil,Andreas Thier Pdf

The Decretum Gratianiis the cornerstone of medieval canon law, and the manuscript St Gallen, Stiftsbibliothek, 673 an essential witness to its evolution. The studies in this volume focus on that manuscript, providing critical insights into its genesis, linguistic features, and use of Roman Law, while evaluating its attraction to medieval readers and modern scholars.Together, these studies offer a fascinating view on the evolution of the Decretum Gratiani, as well as granting new insights on the complex dynamics and processes by which legal knowledge was first created and then transferred in medieval jurisprudence.Contributors are Enrique de León, Stephan Dusil, Melodie H. Eichbauer, Atria A. Larson, Titus Lenherr, Philipp Lenz, Kenneth Pennington, Andreas Thier, José Miguel Viejo-Ximénez, John C. Wei, and Anders Winroth.

Creating and Sharing Legal Knowledge in the Twelfth Century

Author : Anonim
Publisher : BRILL
Page : 277 pages
File Size : 48,8 Mb
Release : 2022-10-31
Category : History
ISBN : 9789004519251

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Creating and Sharing Legal Knowledge in the Twelfth Century by Anonim Pdf

The Decretum Gratiani is the cornerstone of medieval canon law, and the manuscript St Gallen, Stiftsbibliothek, 673 an essential witness to its evolution. The studies in this volume focus on that manuscript, providing critical insights into its genesis, linguistic features, and use of Roman Law, while evaluating its attraction to medieval readers and modern scholars. Together, these studies offer a fascinating view on the evolution of the Decretum Gratiani, as well as granting new insights on the complex dynamics and processes by which legal knowledge was first created and then transferred in medieval jurisprudence. Contributors are Enrique de León, Stephan Dusil, Melodie H. Eichbauer, Atria A. Larson, Titus Lenherr, Philipp Lenz, Kenneth Pennington, Andreas Thier, José Miguel Viejo-Ximénez, John C. Wei, and Anders Winroth.

Medieval Canon Law

Author : James A. Brundage,Melodie H. Eichbauer
Publisher : Taylor & Francis
Page : 266 pages
File Size : 51,7 Mb
Release : 2022-08-05
Category : History
ISBN : 9781000631494

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Medieval Canon Law by James A. Brundage,Melodie H. Eichbauer Pdf

It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.

Decretals and the Creation of "new Law" in the Twelfth Century

Author : Charles Duggan
Publisher : Routledge
Page : 368 pages
File Size : 48,5 Mb
Release : 1998
Category : History
ISBN : UOM:39015047113207

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Decretals and the Creation of "new Law" in the Twelfth Century by Charles Duggan Pdf

In this second volume of studies on 12th-century canon law, Charles Duggan emphasises the European context of the emergence of the ius novum, the new law of the Western church, based on specific cases and informed by the academic learning of the schools where canon law was taught as a scholarly discipline. The themes range from marriage and forgery to regional applications, with studies on decretals to Hungary and Archbishop Roger of York respectively, Italian marriage decretals, the impact of the Becket dispute, litigation involving English secular magnates and the crown culminating with a perceptive analysis of the role of judges delegate in the formation and application of the new principles of law and jurisprudence which the practice of local courts and appeals to the papacy brought into being. Significant light is thrown on English collectors, judges, and secular and ecclesiastical litigants. Wherever possible, calendars are provided, often with more accurate identifications and dating, and based on the fullest manuscript sources.

Making of English Law: King Alfred to the Twelfth Century

Author : Patrick Wormald
Publisher : Wiley-Blackwell
Page : 528 pages
File Size : 51,7 Mb
Release : 1999-10-26
Category : History
ISBN : 0631134964

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Making of English Law: King Alfred to the Twelfth Century by Patrick Wormald Pdf

This volume, the first of two comprising The Making of English Law, provides the first full-length account of the Old English law-codes for over eighty years, and the first that has ever been published in the English language.

Studies in Medieval Legal Thought

Author : Gaines Post
Publisher : Princeton University Press
Page : 650 pages
File Size : 40,8 Mb
Release : 2015-12-08
Category : History
ISBN : 9781400879984

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Studies in Medieval Legal Thought by Gaines Post Pdf

This volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as “A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton,” and “Status Regis and Lestat du Roi in the Statute of York.” Originally published in 1964. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Medieval Origins of the Legal Profession

Author : James A. Brundage
Publisher : ReadHowYouWant.com
Page : 650 pages
File Size : 53,7 Mb
Release : 2010-10
Category : History
ISBN : 9781459605800

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The Medieval Origins of the Legal Profession by James A. Brundage Pdf

In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

Legal Culture in the Early Medieval West

Author : Patrick Wormald
Publisher : A&C Black
Page : 436 pages
File Size : 47,5 Mb
Release : 1999-01-01
Category : Law
ISBN : 1852851759

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Legal Culture in the Early Medieval West by Patrick Wormald Pdf

"Wormald's essays seek to establish that legal history is not just the history of law, nor even that of society, but also that of elite and popular culture in complex and creative symbiosis. This collection will appeal to all interested in the institutions and ideologies of the premodern world."--BOOK JACKET.

Making of English Law: King Alfred to the Twelfth Century

Author : Patrick Wormald
Publisher : Wiley-Blackwell
Page : 528 pages
File Size : 55,6 Mb
Release : 1999-10-26
Category : History
ISBN : 0631134964

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Making of English Law: King Alfred to the Twelfth Century by Patrick Wormald Pdf

This volume, the first of two comprising The Making of English Law, provides the first full-length account of the Old English law-codes for over eighty years, and the first that has ever been published in the English language. It is designed to be both an authoritative work of reference for scholars seeking enlightenment on particular legal manuscripts or texts and a coherent account of how the corpus of Old English law from the seventh to the twelfth century came to subsist and survive. Part I opens with an account of the historians of early English law, including the immortal F. W. Maitland (1850-1906) and Felix Liebermann, author of the definitive edition of the law codes (1898-1916). It then provides the most detailed examination English of law and legislation on the European continent in the post-Roman era and of the earliest Anglo-Saxon legislators in the seventh century. This sets the scene for the law making of King Alfred and his successors. As well as providing an authoritative account of Anglo-Saxon legislation this much-anticipated book opens new perspectives on the emergence of the English State. It will be welcomed as a landmark in the study of English law and government, and as an exploration of the problem of authority in a pre-modern society.

New Discourses in Medieval Canon Law Research

Author : Anonim
Publisher : BRILL
Page : 225 pages
File Size : 49,5 Mb
Release : 2019-04-09
Category : History
ISBN : 9789004394384

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New Discourses in Medieval Canon Law Research by Anonim Pdf

The contributions in New Discourses in Medieval Canon Law Research present new research on medieval church law, and propose a new model of how to write the history of canon law in the Middle Ages.

A Cultural History of Law in the Middle Ages

Author : Emanuele Conte,Laurent Mayali
Publisher : Bloomsbury Publishing
Page : 184 pages
File Size : 46,8 Mb
Release : 2021-03-11
Category : History
ISBN : 9781350079274

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A Cultural History of Law in the Middle Ages by Emanuele Conte,Laurent Mayali Pdf

In 500, the legal order in Europe was structured around ancient customs, social practices and feudal values. By 1500, the effects of demographic change, new methods of farming and economic expansion had transformed the social and political landscape and had wrought radical change upon legal practices and systems throughout Western Europe. A Cultural History of Law in the Middle Ages explores this change and the rich and varied encounters between Christianity and Roman legal thought which shaped the period. Evolving from a combination of religious norms, local customs, secular legislations, and Roman jurisprudence, medieval law came to define an order that promoted new forms of individual and social representation, fostered the political renewal that heralded the transition from feudalism to the Early Modern state and contributed to the diffusion of a common legal language. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Middle Ages presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

Law as Profession and Practice in Medieval Europe

Author : Kenneth Pennington,Melodie Harris Eichbauer
Publisher : Routledge
Page : 570 pages
File Size : 45,9 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317107675

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Law as Profession and Practice in Medieval Europe by Kenneth Pennington,Melodie Harris Eichbauer Pdf

This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

The Second Crusade and the Cistercians

Author : M. Gervers
Publisher : Springer
Page : 274 pages
File Size : 45,5 Mb
Release : 2016-04-30
Category : History
ISBN : 9781137068644

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The Second Crusade and the Cistercians by M. Gervers Pdf

No subject in medieval history is changing as rapidly as crusade studies. Even so, the Second Crusade has been oddly neglected. The present volume is the first ever to have been devoted to it in English and one of the few which has appeared in any language. Particular attention is paid to the key role played by St.Bernard and the Cistercians in this crusade and their relations with the Military Orders. An interdisciplinary approach is taken, incorporating history, art and music. The Volume contains unparalleled bibliography, listing over 700 primary and secondary sources.

Justice and Mercy

Author : Philippa Byrne
Publisher : Artes Liberales Mup
Page : 283 pages
File Size : 54,9 Mb
Release : 2019
Category : History
ISBN : 152612534X

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Justice and Mercy by Philippa Byrne Pdf

This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate - a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.

The Function of Kinship in Medieval Nordic Legislation

Author : Helle Vogt
Publisher : BRILL
Page : 303 pages
File Size : 50,6 Mb
Release : 2010-09-24
Category : Law
ISBN : 9789004189225

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The Function of Kinship in Medieval Nordic Legislation by Helle Vogt Pdf

In the Nordic medieval laws a new definition of kinship – a canonical one – was introduced, based on the Church’s incest prohibitions and the requirement to love your kin. It influences the rules for property transfer, inheritance, wergeld and marriage.