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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.
What is the difference between a stabbing in a tavern in London and one in a hostelry in the South of France? What happens when a spinster living in Paris finds knight in her bedroom wanting to marry her? Why was there a crime wave following the Black Death? From Aberdeen to Cracow and from Stockholm to Sardinia, Trevor Dean ranges widely throughout medieval Europe in this exiting and innovative history of lawlessness and criminal justice. Drawing on the real-life stories of ordinary men and women who often found themselves at the sharp end of the law, he shows how it was often one rule for the rich and another for the poor in a tangled web of judicial corruption.
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.
Law and Politics in the Middle Ages by Edward Jenks Pdf
Legal history is the study of how law has evolved over time, and why it has evolved. Legal history parallels the development of civilisations, and is a component of social history. Legal historians record the evolution of laws and provide an analysis of how these laws evolved, so that the origins of various legal concepts can be better understood. Some consider legal history to be a branch of intellectual history. Twentieth century historians assess in a more contextualised manner, much like social historians, viewing legal institutions as complex systems of rules, participants and symbols that have interacted with society to promote changes in certain aspects of civil society.
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 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.
A primer on medieval justice, this book focuses on France, Germany and England and covers the thousand years between the transformation of the Roman world in Western Europe, which took place around the 4th and 5th centuries, and the European Renaissance of the 14th and 15th centuries. It highlights key elements in the intricate, overlapping legal systems of the Middle Ages and describes a wide range of contemporary laws and cases. A discussion of the modern legacies of medieval law is included, as are a brief overview of the Inquisition, the 27 articles of Joan of Arc and useful commentary on many other topics. Illustrations range from the earliest known depictions of English courts and illuminations of torture to pictures of important sites, events, and instruments of punishment in medieval law.
The History of Courts and Procedure in Medieval Canon Law by Wilfried Hartmann,Kenneth Pennington Pdf
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
The Laws of Late Medieval Italy (1000-1500) by Mario Ascheri Pdf
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Medieval Crime and Social Control by Barbara Hanawalt,David Wallace Pdf
Crime is a matter of interpretation, and never was this truer than in the Middle Ages, when societies faced with new ideas and pressures were continually forced to rethink what a crime was -- and what was a crime. This collection undertakes a thorough exploration of shifting definitions of crime and changing attitudes toward social control in medieval Europe. These essays reveal how various forces in medieval society interacted and competed in interpreting and influencing mechanisms for social control. Drawing on a wide range of historical and literary sources -- legal treatises, court cases, statutes, poems, romances, and comic tales -- the contributors consider topics including fear of crime, rape and violence against women, revenge and condemnations of crime, learned dispute about crime and social control, and legal and political struggles over hunting rights.
Law in Medieval Russia by Ferdinand Joseph Maria Feldbrugge Pdf
Much of what we know about the colourful Russian middle ages comes from legal sources: the treaties of Russian-Scandinavian warlords with the Byzantine emperors, the gradual penetration of Christianity and Byzantine institutions, the endless game of war and peace among the numerous regional princes, the activities of Hanseatic merchants in the wealthy city-republic of Novgorod, the curious relationships between the Mongol conquerors and Russian rulers and church dignitaries, etc. And, at the even further fringes of medieval Europe, there were the Christian kingdoms of Armenia and Georgia, squeezed between the Islamic empires of Iran and Turkey, but each possessing their elaborate and original legal systems. A discussion of more general questions of legal history and legal anthropology precedes the treatment of these various topics.
The Middle Ages are often viewed as a repository of tradition, yet what we think of as traditional marriage was far from the only available alternative to the single state in medieval Europe. Many people lived together in long-term, quasimarital heterosexual relationships, unable to marry if one was in holy orders or if the partners were of different religions. Social norms militated against the marriage of master to slave or between individuals of very different classes, or when the couple was so poor that they could not establish an independent household. Such unions, where the protections that medieval law furnished to wives (and their children) were absent, were fraught with danger for women in particular, but they also provided a degree of flexibility and demonstrate the adaptability of social customs in the face of slowly changing religious doctrine. Unmarriages draws on a wide range of sources from across Europe and the entire medieval millennium in order to investigate structures and relations that medieval authors and record keepers did not address directly, either in order to minimize them or because they were so common as not to be worth mentioning. Ruth Mazo Karras pays particular attention to the ways women and men experienced forms of opposite-sex union differently and to the implications for power relations between the genders. She treats legal and theological discussions that applied to all of Europe and presents a vivid series of case studies of how unions operated in specific circumstances to illustrate concretely what we can conclude, how far we can speculate, and what we can never know.
