The Medieval Origins Of The Legal Profession

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The Medieval Origins of the Legal Profession

Author : James A. Brundage
Publisher : ReadHowYouWant.com
Page : 650 pages
File Size : 49,7 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.

Law as Profession and Practice in Medieval Europe

Author : Kenneth Pennington,Melodie Harris Eichbauer
Publisher : Routledge
Page : 436 pages
File Size : 54,8 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.

Laws, Lawyers and Texts

Author : Susanne Jenks,Jonathan Rose,Christopher Whittick
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2012
Category : Law
ISBN : 6613723401

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Laws, Lawyers and Texts by Susanne Jenks,Jonathan Rose,Christopher Whittick Pdf

This book focuses on medieval legal history. The essays discuss the birth of the Common Law, the interaction between systems of law, the evolution of the legal profession, and the operation and procedures of the Common Law in England. All these factors will ensure a warm reception of the volume by a broad range of readers.

English Nuns and the Law in the Middle Ages

Author : Elizabeth M. Makowski
Publisher : Boydell Press
Page : 220 pages
File Size : 54,6 Mb
Release : 2011
Category : History
ISBN : 9781843837862

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English Nuns and the Law in the Middle Ages by Elizabeth M. Makowski Pdf

In late medieval England, cloistered nuns, like all substantial property owners, engaged in nearly constant litigation to defend their holdings. They did so using attorneys (proctors), advocates and other ""men of law"" who actually conducted that litigation in the courts of Church and Crown, following the increased professionalism of legal practitioners during the twelfth and thirteenth centuries. However, although lawyers were as crucial to the economic vitality of the nunneries as the patrons who endowed them, their role in protecting, augmenting or depleting monastic assets has never been.

Law and Society in Later Medieval England and Ireland

Author : Travis R. Baker
Publisher : Routledge
Page : 290 pages
File Size : 41,5 Mb
Release : 2017-09-22
Category : History
ISBN : 9781317107767

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Law and Society in Later Medieval England and Ireland by Travis R. Baker Pdf

Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this volume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England’s adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large.

Law and the Illicit in Medieval Europe

Author : Ruth Mazo Karras,Joel Kaye,E. Ann Matter
Publisher : University of Pennsylvania Press
Page : 336 pages
File Size : 40,6 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.

Medieval Canon Law

Author : James A. Brundage,Melodie H. Eichbauer
Publisher : Medieval World
Page : 0 pages
File Size : 48,5 Mb
Release : 2022-08-05
Category : Canon law
ISBN : 0367742403

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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.

The History of Courts and Procedure in Medieval Canon Law

Author : Wilfried Hartmann,Kenneth Pennington
Publisher : CUA Press
Page : 521 pages
File Size : 53,7 Mb
Release : 2016-09-09
Category : History
ISBN : 9780813229041

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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.

Law, Sex, and Christian Society in Medieval Europe

Author : James A. Brundage
Publisher : University of Chicago Press
Page : 714 pages
File Size : 48,7 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

A Cultural History of Law in the Middle Ages

Author : Emanuele Conte,Laurent Mayali
Publisher : Unknown
Page : 164 pages
File Size : 54,5 Mb
Release : 2019
Category : Law
ISBN : 1474206611

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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."--Bloomsbury Publishing.

Law | Book | Culture in the Middle Ages

Author : Anonim
Publisher : BRILL
Page : 477 pages
File Size : 48,5 Mb
Release : 2021-02-01
Category : History
ISBN : 9789004448650

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Law | Book | Culture in the Middle Ages by Anonim Pdf

Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.

Expectations of the Law in the Middle Ages

Author : Anthony Musson
Publisher : Boydell & Brewer
Page : 219 pages
File Size : 47,6 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.

Term Paper Resource Guide to Medieval History

Author : Jean Shepherd Hamm
Publisher : Bloomsbury Publishing USA
Page : 389 pages
File Size : 41,8 Mb
Release : 2009-11-25
Category : History
ISBN : 9780313359682

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Term Paper Resource Guide to Medieval History by Jean Shepherd Hamm Pdf

Help students get the most out of studying medieval history with this comprehensive and practical research guide to topics and resources. Term Paper Resource Guide to Medieval History brings key historic events and individuals alive to enrich and stimulate students in challenging and enjoyable ways. Students from high school to college will be able to get a jump start on assignments with the hundreds of term paper projects and research information offered here. The book transforms and elevates the research experience and will prove an invaluable resource for motivating and educating students. Each event entry begins with a brief summary to pique interest and then offers original and thought-provoking term paper ideas in both standard and alternative formats that often incorporate the latest in electronic media, such as the iPod and iMovie. The best primary and secondary sources for further research are annotated, followed by vetted, stable website suggestions and multimedia resources, usually films, for further viewing and listening.

Jurists and Jurisprudence in Medieval Italy

Author : Osvaldo Cavallar,Julius Kirshner
Publisher : University of Toronto Press
Page : 894 pages
File Size : 42,5 Mb
Release : 2020-10-01
Category : History
ISBN : 9781487536343

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Jurists and Jurisprudence in Medieval Italy by Osvaldo Cavallar,Julius Kirshner Pdf

Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.

The History of Medieval Canon Law in the Classical Period, 1140-1234

Author : Wilfried Hartmann,Kenneth Pennington
Publisher : CUA Press
Page : 457 pages
File Size : 55,6 Mb
Release : 2008
Category : Law
ISBN : 9780813214917

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The History of Medieval Canon Law in the Classical Period, 1140-1234 by Wilfried Hartmann,Kenneth Pennington Pdf

This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.