Medieval Law and the Foundations of the State

Medieval Law and the Foundations of the State PDF

Author: Alan Harding

Publisher: OUP Oxford

Published: 2002-01-03

Total Pages: 350

ISBN-13: 0191543527

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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'.

Law | Book | Culture in the Middle Ages

Law | Book | Culture in the Middle Ages PDF

Author:

Publisher: BRILL

Published: 2021-02-01

Total Pages: 477

ISBN-13: 9004448659

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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.

Kingship and Law in the Middle Ages

Kingship and Law in the Middle Ages PDF

Author: Fritz Kern

Publisher: The Lawbook Exchange, Ltd.

Published: 2013-07

Total Pages: 246

ISBN-13: 158477570X

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A Classic Study of Early Constitutional Law. First published in 1914, this is one of the most important studies of early constitutional law. Kern observes that discussions of the state in the ninth, eleventh and thirteenth centuries invariably asked whose rights were paramount. Were they those of the ruler or the people? Kern locates the origins of this debate, which has continued to the twentieth century, in church doctrine and the history of the early German states. He demonstrates that the interaction of "these two sets of influences in conflict and alliance prepared the ground for a new outlook in the relations between the ruler and the ruled, and laid the foundations both of absolutist and of constitutional theory" (4). "[A] pioneering and classic study." --Norman F. Cantor, Inventing the Middle Ages, 106. Fritz Kern [1884-1950] was a professor, journalist and state official. From 1914 to 1918 he worked for the Foreign Ministry and the General Staff in Berlin. One of the leading medieval historians of his time, his works include Die Anfänge der Französischen Ausdehnungspolitik bis zum Jahr 1308 (1910) and Recht und Verfassung im Mittelalter (1919).

Law, Governance, and Justice

Law, Governance, and Justice PDF

Author:

Publisher: BRILL

Published: 2013-01-14

Total Pages: 357

ISBN-13: 9004236422

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How law is made, how governance works, and the response of the governed remain crucial modern questions whose roots in many parts of the world reach deep into the past of medieval England. Scholars have long discussed these issues and new perspectives regularly emerge. This volume brings together contemporary views from leaders in the field and from younger scholars, both historians and literary critics. Classic themes and incidents are creatively revisited and new avenues of approach are suggested.

The Letter of the Law

The Letter of the Law PDF

Author: Emily Steiner

Publisher: Cornell University Press

Published: 2002

Total Pages: 276

ISBN-13: 9780801487705

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Scholars have long been aware of the looming presence of law in medieval English literature, from Christ as a litigious redemptor to Chaucer's deal-making Host in The Canterbury Tales. Most scholarly work on the subject has been confined either to tracking down representations of legal practices in texts or to examining formal questions relating to legal discourse. In a groundbreaking departure, The Letter of the Law suggests that law and literature should be understood as parallel forms of discourse -- at times complementary, at times antagonistic, but always mutually illuminating. Emily Steiner and Candace Barrington maintain that medievalists are uniquely placed to make valuable new contributions to the subject of law and literature, in part because of the inherently interdisciplinary nature of the study of medieval law, inseparable as it was from political theory and theology. Treating texts as varied as Chaucer's Knight's Tale, the fifteenth-century Robin Hood ballads, and William Thorpe's account of his own heresy trial, the nine never-before-published essays in this volume reveal the intersections of legal and documentary culture with vernacular literary production. They establish that law and English literature were intimately bound up in processes of institutional, linguistic, and social change, and they explain how the specific conditions of medieval law and literature offer useful models in studying later periods. An appendix contains a translation by Andrew Galloway of History or Narration Concerning the Manner and Form of the Miraculous Parliament at Westminster in the Year 1386.

Medieval England

Medieval England PDF

Author: Edmund King

Publisher:

Published: 2005

Total Pages: 312

ISBN-13:

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Medieval England presents the political and cultural development of English society from the Norman Conquest to the end of the Wars of the Roses. It is a story of change, progress, setback, and consolidation, with England emerging as a wealthy and stable country, many of whose essential features were to remain unchanged until the Industrial Revolution. Edmund King traces his chronicle through the lives of successive monarchs, the inescapable central thread of that epoch. The momentous events of the times are also recreated, from the compiling of the Domesday Book, through the wars with the Scots, the Welsh, and the French, to the Peasants' Revolt and the disastrous Black Death.

Officers and Accountability in Medieval England 1170-1300

Officers and Accountability in Medieval England 1170-1300 PDF

Author: John Sabapathy

Publisher: Oxford University Press

Published: 2019-09-13

Total Pages: 336

ISBN-13: 0192587234

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The later twelfth and thirteenth centuries were a pivotal period for the development of European government and governance. A mentality emerged that trusted to procedures of accountability as a means of controlling officers' conduct. The mentality was not inherently new, but it became qualitatively more complex and quantitatively more widespread in this period, across European countries, and across different sorts of officer. The officers exposed to these methods were not just 'state' ones, but also seignorial, ecclasistical, and university-college officers, as well as urban-communal ones. This study surveys these officers and the practices used to regulate them in England. It places them not only within a British context but also a wide European one and explores how administration, law, politics, and norms tried to control the insolence of office. The devices for institutionalising accountability analysed here reflected an extraordinarily creative response in England, and beyond, to the problem of complex government: inquests, audits, accounts, scrutiny panels, sindication. Many of them have shaped the way in which we think about accountability today. Some remain with us. So too do their practical problems. How can one delegate control effectively? How does accountability relate to responsibility? What relationship does accountability have with justice? This study offers answers for these questions in the Middle Ages, and is the first of its kind dedicated to an examination of this important topic in this period.