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Law and the Illicit in Medieval Europe

Author: Ruth Mazo Karras

Publisher: University of Pennsylvania Press

Published: 2013-02-11

Total Pages: 336

ISBN-13: 0812208854

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.

Law and Society in Early Medieval Europe

Author: Katherine Fischer Drew

Publisher: Variorum Publishing

Published: 1988

Total Pages: 336

ISBN-13:

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Crime in Medieval Europe

Author: Trevor Dean

Publisher: Routledge

Published: 2014-06-17

Total Pages: 206

ISBN-13: 1317881788

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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.

The Laws of War in the Late Middle Ages

Author: Maurice Keen

Publisher: Routledge

Published: 2015-10-05

Total Pages: 292

ISBN-13: 1317397584

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Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law of arms’. This book, originally published in 1965, examines this soldiers’ code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.

Law and Politics in the Middle Ages

Author: Edward Jenks

Publisher:

Published: 1898

Total Pages: 374

ISBN-13:

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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

Author: Emanuele Conte

Publisher: Bloomsbury Publishing

Published: 2021-03-11

Total Pages: 184

ISBN-13: 1350079278

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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 as Profession and Practice in Medieval Europe

Author: Kenneth Pennington

Publisher: Routledge

Published: 2016-04-15

Total Pages: 436

ISBN-13: 1317107683

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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.

The History of Courts and Procedure in Medieval Canon Law

Author: Wilfried Hartmann

Publisher: CUA Press

Published: 2016-09-09

Total Pages: 521

ISBN-13: 0813229049

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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 and Jurisdiction in the Middle Ages

Author: Walter Ullmann

Publisher: Routledge

Published: 1988

Total Pages: 360

ISBN-13:

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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.