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Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.
Author : Jesus R. Velasco Publisher : University of Pennsylvania Press Page : 240 pages File Size : 46,8 Mb Release : 2020-01-24 Category : History ISBN : 9780812251869
An exploration of the thirteenth-century law code known as Siete Partidas Conceived and promulgated by Alfonso X, King of Castile and León (r. 1252-1282), and created by a workshop of lawyers, legal scholars, and others, the set of books known as the Siete Partidas is both a work of legal theory and a legislative document designed to offer practical guidelines for the rendering of legal decisions and the management of good governance. Yet for all its practical reach, which extended over centuries and as far as the Spanish New World, it is an unusual text, argues Jesús R. Velasco, one that introduces canon and ecclesiastical law in the vernacular for explicitly secular purposes, that embraces intellectual disciplines and fictional techniques that normally lie outside legal science, and that cultivates rather than shuns perplexity. In Dead Voice, Velasco analyzes the process of the Siete Partidas's codification and the ways in which different cultural, religious, and legal traditions that existed on the Iberian Peninsula during the Middle Ages were combined in its innovative construction. In particular, he pays special attention to the concept of "dead voice," the art of writing the law in the vernacular of its clients as well as in the language of legal professionals. He offers an integrated reading of the Siete Partidas, exploring such matters as the production, transmission, and control of the material text; the collaboration between sovereignty and jurisdiction to define the environment where law applies; a rare legislation of friendship; and the use of legislation to characterize the people as "the soul of the kingdom," endowed with the responsibility of judging the stability of the political space. Presenting case studies beyond the Siete Partidas that demonstrate the incorporation of philosophical and fictional elements in the construction of law, Velasco reveals the legal processes that configured novel definitions of a subject and a people.
A History of the German Language Through Texts by Thomas Gloning,Christopher Young Pdf
Written in a lively and accessible style, the book looks at the history of German through a wide range of texts, from medical, legal and scientific writing to literature, everyday newspapers and adverts.
Sobecki argues that the commitment by English common law to an unwritten tradition generated a vernacular legal culture that challenged the textual practices of English humanism and the early Reformation.
The Letter of the Law by Emily Steiner,Candace Barrington Pdf
This collection of nine essays, contributed by ten American scholars, explores connections between law and literature in medieval England, suggesting that Middle English literature "developed in dialogue with legal discourse, practices, and material culture, and further, that insular law and English literature were bound up together in larger processes of institutional, linguistic, and social change." Various texts are analyzed in support of this theory, including the Robin Hood ballads, The Testament of Cresseid, Gower's Confessio amantis, Chaucer's Knight's Tale, and The Owl and the Nightengale. Annotation copyrighted by Book News, Inc., Portland, OR
Dictionary of Untranslatables by Barbara Cassin,Emily Apter,Jacques Lezra,Michael Wood Pdf
Characters in some languages, particularly Hebrew and Arabic, may not display properly due to device limitations. Transliterations of terms appear before the representations in foreign characters. This is an encyclopedic dictionary of close to 400 important philosophical, literary, and political terms and concepts that defy easy—or any—translation from one language and culture to another. Drawn from more than a dozen languages, terms such as Dasein (German), pravda (Russian), saudade (Portuguese), and stato (Italian) are thoroughly examined in all their cross-linguistic and cross-cultural complexities. Spanning the classical, medieval, early modern, modern, and contemporary periods, these are terms that influence thinking across the humanities. The entries, written by more than 150 distinguished scholars, describe the origins and meanings of each term, the history and context of its usage, its translations into other languages, and its use in notable texts. The dictionary also includes essays on the special characteristics of particular languages--English, French, German, Greek, Italian, Portuguese, Russian, and Spanish. Originally published in French, this one-of-a-kind reference work is now available in English for the first time, with new contributions from Judith Butler, Daniel Heller-Roazen, Ben Kafka, Kevin McLaughlin, Kenneth Reinhard, Stella Sandford, Gayatri Chakravorty Spivak, Jane Tylus, Anthony Vidler, Susan Wolfson, Robert J. C. Young, and many more.The result is an invaluable reference for students, scholars, and general readers interested in the multilingual lives of some of our most influential words and ideas. Covers close to 400 important philosophical, literary, and political terms that defy easy translation between languages and cultures Includes terms from more than a dozen languages Entries written by more than 150 distinguished thinkers Available in English for the first time, with new contributions by Judith Butler, Daniel Heller-Roazen, Ben Kafka, Kevin McLaughlin, Kenneth Reinhard, Stella Sandford, Gayatri Chakravorty Spivak, Jane Tylus, Anthony Vidler, Susan Wolfson, Robert J. C. Young, and many more Contains extensive cross-references and bibliographies An invaluable resource for students and scholars across the humanities
Author : Stephen Yeager Publisher : University of Toronto Press Page : 404 pages File Size : 48,7 Mb Release : 2014-11-05 Category : History ISBN : 9781442696174
The reappearance of alliterative verse in the fourteenth and fifteenth centuries remains one of the most puzzling issues in the literary history of medieval England. In From Lawmen to Plowmen, Stephen M. Yeager offers a fresh, insightful explanation for the alliterative structure of William Langland’s Piers Plowman and the flourishing of alliterative verse satires in late medieval England by observing the similarities between these satires and the legal-homiletical literature of the Anglo-Saxon era. Unlike Old English alliterative poetry, Anglo-Saxon legal texts and documents continued to be studied long after the Norman Conquest. By comparing Anglo-Saxon charters, sermons, and law codes with Langland’s Piers Plowman and similar poems, Yeager demonstrates that this legal and homiletical literature had an influential afterlife in the fourteenth-century poetry of William Langland and his imitators. His conclusions establish a new genealogy for medieval England’s vernacular literary tradition and offer a new way of approaching one of Middle English’s literary classics.
