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Author : Alice Rio
Publisher : Unknown
Page : 203 pages
File Size : 43,9 Mb
Release : 2011-01-01
Category : Culture and law
ISBN : 1897747241
Author : Robert W. Shaffern
Publisher : Rowman & Littlefield Publishers
Page : 248 pages
File Size : 55,7 Mb
Release : 2009-01-16
Category : History
ISBN : 9781461638711
This concise intellectual history of the law offers an accessible introduction to the ideas and contexts of law from ancient Babylon to eighteenth-century Europe. Robert W. Shaffern examines a rich array of sources to illuminate ideas about law and justice in Western civilization. He identifies four main sources for traditional jurisprudence—the civilizations of the Fertile Crescent and classical Athens, the legal legacy of ancient Rome, the legal traditions of the Middle Ages, and developments in early modern Europe. By focusing on the recurring issues and historical contexts of the law, the author shows the extensive influence earlier sources had on the later development of Western law. For instance, the ancient code of Hammurabi pledged to obtain justice for the "widow and the orphan," a phrase that appeared again in later laws. Also, the tragedies of Aeschylus insisted that private individuals pursue vengeance, but government judiciaries upheld justice, an idea that the early modern European monarchies advanced when they promulgated new codes of criminal law. Additionally, Roman, medieval, and modern jurists all believed that natural law theory served as a rational criterion for legislators and judges. Throughout the span of centuries covered in the text, governments used law to regulate or monopolize the employment of violence. Designed to introduce undergraduates to the significant developments and ideas about the law and justice, this book will be invaluable for courses on the history of law and jurisprudence.
Author : Ralph W. Mathisen
Publisher : OUP Oxford
Page : 340 pages
File Size : 53,9 Mb
Release : 2001-08-02
Category : Literary Criticism
ISBN : 9780191553783
The sixteen papers in this volume investigate the links between law and society during Late Antiquity (260-640 CE). On the one hand, they consider how social changes such as the barbarian settlement and the rise of the Christian church resulted in the creation of new sources of legal authority, such as local and 'vulgar' law, barbarian law codes, and canon law. On the other, they investigate the interrelationship between legal innovations and social change, for the very process of creating new law and new authority either resulted from or caused changes in the society in which it occurred. The studies in this volume discuss interactions between legal theory and practice, the Greek east and the Roman west, secular and ecclesiastical, Roman and barbarian, male and female, and Christian and non-Christian (including pagans, Jews, and Zoroastrians).
Author : Emanuele Conte,Laurent Mayali
Publisher : Bloomsbury Academic
Page : 0 pages
File Size : 55,8 Mb
Release : 2023-01-26
Category : History
ISBN : 1350368334
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.
Author : Antti Arjava
Publisher : Oxford University Press on Demand
Page : 304 pages
File Size : 54,6 Mb
Release : 1998
Category : Law
ISBN : 0198152337
This is the first comprehensive account of women's legal and social positions in the west from classical antiquity right through to the early middle ages. The main focus of the book is on the late antique period, with constant reference to classical Roman law and the lives of women in the early empire. The book goes on to follow women's history up to the seventh century, thus bridging the notorious gap of the 'dark ages'. Major themes include daughters' succession rights; the independenceof married women; sexual relations outside marriage; divorce; remarriage; and the general legal capacity of women. Antti Arjava argues that from the viewpoint of most women, late antiquity was not a period of radical change. In particular, the influence of Christianity has often been considerably exaggerated. It was only after the fall of the Western empire that a new legal system and a new social world emerged.
Author : Emanuele Conte,Laurent Mayali
Publisher : Bloomsbury Publishing
Page : 184 pages
File Size : 54,9 Mb
Release : 2021-03-11
Category : History
ISBN : 9781350079274
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.
Author : Sethina Watson
Publisher : Oxford University Press
Page : 400 pages
File Size : 53,7 Mb
Release : 2020-07-24
Category : History
ISBN : 9780192586773
This ground-breaking study explores welfare institutions in western law in the middle ages and establishes, for the first time, a legal model for the hospital. On Hospitals takes us beyond canon law, Carolingian capitularies, and Justinian's Code and Novels, to late Roman testamentary law, identifying new legislation and legal initiatives in every period. In challenging long established orthodoxies, a new history of the hospital emerges, one that is fundamentally a European history. To the history of law, it offers an unusual lens through which to explore canon law. What this monograph identifies for the first time is that the absence of law is the key. This is a study of what happened when there was no legal inheritance, nor even an authority through which to act. Here, at the fringes of law, pioneers worked, and forgers played. Their efforts shed light on councils, both familiar and forgotten, and on major figures, including Abbot Ansegis of Saint Wandrille, Abbot Wala of Corbie, the Pseudo-Isidorian forgers, Pope Alexander III, Bernard of Pavia, and Robert de Courson. Finally On Hospitals offers a new picture of welfare at the heart of Christianity. The place of welfare houses, at the edge of law, has for too long encouraged an assumption that welfare itself was peripheral to popes and canonists and so, by implication, to those who designed the priorities of the Church. This study reveals the central place for them all, across a thousand years, of Christian caritas. We discover a Christian foundation that could belong not to the Church, but to the whole society of the faithful.
Author : Zubin Mistry
Publisher : Boydell & Brewer
Page : 358 pages
File Size : 40,8 Mb
Release : 2015
Category : History
ISBN : 9781903153574
First full-length study of attitudes to abortion in the early medieval west.
Author : Thomas Faulkner
Publisher : Cambridge University Press
Page : 315 pages
File Size : 48,8 Mb
Release : 2016-02-15
Category : History
ISBN : 9781107084919
An examination of the barbarian laws in Carolingian Europe, contributing to debates concerning written law, kingship and ethnic identities.
Author : Anonim
Publisher : BRILL
Page : 340 pages
File Size : 46,5 Mb
Release : 2021-07-15
Category : History
ISBN : 9789004466128
This volume offers the first comprehensive account of the monetary logic that guided the payment of wergild and blood money in early medieval conflict resolution. In the early middle ages, wergild played multiple roles: it was used to measure a person’s status, to prevent and end conflicts, and to negotiate between an individual and the agents of statehood. This collection of interlocking essays by historians, philologists and jurists represents a major contribution to the study of law and society in Western Europe during the early Middle Ages. Contributors are Lukas Bothe, Warren Brown, Stefan Esders, Wolfgang Haubrichs, Paul Hyams, Tom Lambert, Ralph W. Mathisen, Rob Meens, Han Nijdam, Lisi Oliver, Harald Siems, Karl Ubl, and Helle Vogt. See inside the book.
Author : Alan Harding
Publisher : OUP Oxford
Page : 350 pages
File Size : 41,6 Mb
Release : 2002-01-03
Category : Law
ISBN : 9780191543524
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 : Anonim
Publisher : BRILL
Page : 564 pages
File Size : 50,8 Mb
Release : 2020-11-23
Category : Literary Criticism
ISBN : 9789004432338
This is the first major study of the interplay between Latin and Germanic vernaculars in early medieval records, examining the role of language choice in the documentary cultures of the Anglo-Saxon and eastern Frankish worlds.
Author : Wolfram Brandes,Helmut Reimitz,Jack Tannous
Publisher : Unknown
Page : 400 pages
File Size : 45,5 Mb
Release : 2021-12
Category : Electronic
ISBN : 3465045505
Throughout his career, Professor John Haldon has been a hinge between different academic cultures, methods, and disciplines. A true scholar of Byzantine society, he has combined meticulous work on texts and material evidence with a holistic approach to social history that has connected the study of the Byzantine world to new methodological perspectives and ever wider horizons for comparison with other political systems and structures across the European and Islamic worlds, from late ancient to early modern times. Based on a conference organized at the Center for Collaborative History of Princeton University in 2018, this book takes stock of Haldon's approach by focusing on the history of law and legal culture in the transformation of the Roman world.
Author : Jill Harries
Publisher : Cambridge University Press
Page : 250 pages
File Size : 52,8 Mb
Release : 2001-10-11
Category : History
ISBN : 0521422736
This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
Author : Tom Lambert
Publisher : Oxford University Press
Page : 432 pages
File Size : 50,8 Mb
Release : 2017-02-23
Category : History
ISBN : 9780191089596
Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King Æthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.