Law And Jurisdiction In The Middle Ages

Author : Walter Ullmann
Publisher : Routledge
Page : 360 pages
File Size : 51,6 Mb
Release : 1988
Category : History
ISBN : UOM:39015014736089

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Law and Jurisdiction in the Middle Ages by Walter Ullmann Pdf

Walter Ullmann's contribution to the study of medieval political and legal thought needs no emphasis. In the present volume are collected a number of the early articles which it was not possible to include in his previous collections, together with others published since those volumes appeared. The articles display a striking consistency of approach, though in the more than forty years separating the earliest from the latest there is an obvious development in his thought. Ullman held the view that the law must be studied in its own historical context, as a function of society and a product of the factors which shaped social life; equally, he stressed the central position of the law in the study of medieval history, for its precise character meant that it could provide a more reliable probe into medieval beliefs and doctrine than any other form of evidence.

Author : Anthony Musson
Publisher : Taylor & Francis
Page : 207 pages
File Size : 55,8 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351954891

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Boundaries of the Law by Anthony Musson Pdf

Exploring the boundaries of the law as they existed in medieval and early modern times and as they have been perceived by historians, this volume offers a wide ranging insight into a key aspect of European society. Alongside, and inexorably linked with, the ecclesiastical establishment, the law was one of the main social bonds that shaped and directed the interactions of day-to-day life. Posing fascinating conceptual and methodological questions that challenge existing perceptions of the parameters of the law, the essays in this book look especially at the gender divide and conflicts of jurisdiction within an historical context. In addition to seeking to understand the discrete categories into which types of law and legal rules are sometimes placed, consideration is given to the traversing of boundaries, to the overlaps between jurisdictions, and between custom(s) and law(s). In so doing it shows how law has been artificially compartmentalised by historians and lawyers alike, and how existing perceptions have been conditioned by particular approaches to the sources. It also reveals in certain case studies how the sources themselves (and attitudes towards them) have determined the limitations of historical enterprise. Adopting an interdisciplinary approach to the subject, the contributors demonstrate the fruitfulness of examining the interfaces of apparently diverse disciplines. Making fresh connections across subject areas, they examine, for example, the role of geography in determining litigation strategies, how the law interacted with social and theological issues and how fact and fiction could intertwine to promote notions of justice and public order. The main focus of the volume is upon England, but includes useful comparative papers concerning France, Flanders and Sweden. The contributors are a mixture of young and established scholars from Europe and North America offering a new and revisionist perspective on the operation of law in the medieval and early modern periods.

Author : Alan Harding
Publisher : OUP Oxford
Page : 350 pages
File Size : 46,9 Mb
Release : 2002-01-03
Category : Law
ISBN : 9780191543524

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Medieval Law and the Foundations of the State by Alan Harding Pdf

The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systems for the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators in the wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.

Author : Anthony Musson
Publisher : Boydell & Brewer
Page : 219 pages
File Size : 40,6 Mb
Release : 2001
Category : History
ISBN : 9780851158426

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Expectations of the Law in the Middle Ages by Anthony Musson Pdf

The first systematic examination of the expectations people had of the law in the middle ages.

Author : Lloyd Bonfield
Publisher : Unknown
Page : 270 pages
File Size : 49,8 Mb
Release : 2000
Category : Feudal courts
ISBN : STANFORD:36105062231548

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Seigneurial Jurisdiction by Lloyd Bonfield Pdf

It is the aim of this collection of reports to establish a basis for comparing various seigneurial courts in pre-modern Europe. The contributors are largely medievalists.To come to terms with the subject, a defintion of courts which were seigneurial, given the variety of legal heritages, had to be set up. One of the first observations made was that on the Continent, where central courts were less prominent, there appears to be a more flexible notion of seigneurial jurisdiction. The contributors then look at the variety of jurisdictions in which lords in medieval and early modern Europe governed the legal relations of their vassals. Also the seigneurial jurisdiction is placed within its national context as one variety of courts which co-existed with other forums. Next the authors observe the origin and nature of substantive law which was implemented in the courts. Finally, focus is put on procedure. In England the medieval period witnessed considerable developments in the way in which cases came before the manorial court and how proof of the compainant's claim was ascertained.The reports provide a framework for further study. They demonstrate similarities and differences between seigneurial jurisdictions in England and on the Continent. One significant observation is that seigneurial jurisdictions seemed to have survived longer on the Continent than in England. Moreover, Continental seigneurial courts seemed to have serviced a broader strata of society. Yet, what is perhaps most striking are the similarities in procedure and in the process of custom making which the collected reports uncover.

Author : Helmholz,R. H. Helmholz
Publisher : Cambridge University Press
Page : 264 pages
File Size : 45,6 Mb
Release : 2007-03-26
Category : History
ISBN : 0521035627

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Marriage Litigation in Medieval England by Helmholz,R. H. Helmholz Pdf

This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.

Author : Kenneth Pennington,Melodie Harris Eichbauer
Publisher : Routledge
Page : 436 pages
File Size : 43,5 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317107682

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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.

Author : Edward Jenks
Publisher : Unknown
Page : 378 pages
File Size : 42,6 Mb
Release : 1897
Category : Civilization, Medieval
ISBN : STANFORD:36105044402787

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Law and Politics in the Middle Ages by Edward Jenks Pdf

Author : Antonio Padoa-Schioppa
Publisher : Cambridge University Press
Page : 823 pages
File Size : 55,7 Mb
Release : 2017-08-03
Category : History
ISBN : 9781107180697

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A History of Law in Europe by Antonio Padoa-Schioppa Pdf

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Author : Dante Fedele
Publisher : BRILL
Page : 719 pages
File Size : 41,5 Mb
Release : 2021-04-26
Category : History
ISBN : 9789004447127

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The Medieval Foundations of International Law by Dante Fedele Pdf

Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).

Author : James A. Brundage
Publisher : ReadHowYouWant.com
Page : 650 pages
File Size : 52,9 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.

Author : Conor McCarthy
Publisher : Boydell Press
Page : 212 pages
File Size : 42,9 Mb
Release : 2004
Category : Family & Relationships
ISBN : 1843831023

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Marriage in Medieval England by Conor McCarthy Pdf

A survey of attitudes to marriage as represented in medieval legal and literary texts. Medieval marriage has been widely discussed, and this book gives a brief and accessible overview of an important subject. It covers the entire medieval period, and engages with a wide range of primary sources, both legal and literary. It draws particular attention to local English legislation and practice, and offers some new readings of medieval English literary texts, including Beowulf, the works of Chaucer, Langland's Piers Plowman, the Book of Margery Kempe and the Paston Letters. Focusing on a number of key themes important across the period, individual chapters discuss the themes of consent, property, alliance, love, sex, family, divorce and widowhood. CONOR MCCARTHY gained his PhD from Trinity College Dublin.

Author : James A. Brundage
Publisher : University of Chicago Press
Page : 714 pages
File Size : 52,6 Mb
Release : 2009-02-15
Category : Law
ISBN : 9780226077895

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Law, Sex, and Christian Society in Medieval Europe by James A. Brundage Pdf

This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

Author : Ruth Mazo Karras,Joel Kaye,E. Ann Matter
Publisher : University of Pennsylvania Press
Page : 336 pages
File Size : 46,8 Mb
Release : 2013-02-11
Category : History
ISBN : 9780812208856

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Law and the Illicit in Medieval Europe by Ruth Mazo Karras,Joel Kaye,E. Ann Matter Pdf

In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.

Author : Anonim
Publisher : BRILL
Page : 310 pages
File Size : 40,5 Mb
Release : 2015-06-24
Category : History
ISBN : 9789004284647

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Theorizing Legal Personhood in Late Medieval England by Anonim Pdf

Theorizing Legal Personhood in Late Medieval England offers an account of the fluidity and artificiality of legal personhood before the individualistic turn in law vis-à-vis juristictional pluralism.