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Law And Jurisdiction In The Middle Ages
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Book Synopsis Law and Jurisdiction in the Middle Ages by : Walter Ullmann
Download or read book Law and Jurisdiction in the Middle Ages written by Walter Ullmann and published by Routledge. This book was released on 1988 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and Jurisdiction in the Middle Ages by : Walter Ullmann
Download or read book Law and Jurisdiction in the Middle Ages written by Walter Ullmann and published by Taylor & Francis. This book was released on 2024-10-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Boundaries of the Law by : Anthony Musson
Download or read book Boundaries of the Law written by Anthony Musson and published by Routledge. This book was released on 2017-07-05 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the boundaries of the law as they existed in medieval and early modern times and as they have been perceived by historians, this volume offers a wide ranging insight into a key aspect of European society. Alongside, and inexorably linked with, the ecclesiastical establishment, the law was one of the main social bonds that shaped and directed the interactions of day-to-day life. Posing fascinating conceptual and methodological questions that challenge existing perceptions of the parameters of the law, the essays in this book look especially at the gender divide and conflicts of jurisdiction within an historical context. In addition to seeking to understand the discrete categories into which types of law and legal rules are sometimes placed, consideration is given to the traversing of boundaries, to the overlaps between jurisdictions, and between custom(s) and law(s). In so doing it shows how law has been artificially compartmentalised by historians and lawyers alike, and how existing perceptions have been conditioned by particular approaches to the sources. It also reveals in certain case studies how the sources themselves (and attitudes towards them) have determined the limitations of historical enterprise. Adopting an interdisciplinary approach to the subject, the contributors demonstrate the fruitfulness of examining the interfaces of apparently diverse disciplines. Making fresh connections across subject areas, they examine, for example, the role of geography in determining litigation strategies, how the law interacted with social and theological issues and how fact and fiction could intertwine to promote notions of justice and public order. The main focus of the volume is upon England, but includes useful comparative papers concerning France, Flanders and Sweden. The contributors are a mixture of young and established scholars from Europe and North America offering a new and revisionist perspective on the operation of law in the medieval and early modern periods.
Book Synopsis Medieval Law and the Foundations of the State by : Alan Harding
Download or read book Medieval Law and the Foundations of the State written by Alan Harding and published by OUP Oxford. This book was released on 2002-01-03 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
Book Synopsis Law and Disputing in the Middle Ages by : Per Andersen
Download or read book Law and Disputing in the Middle Ages written by Per Andersen and published by Djoef Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: SigurðssonDisputes and How to Avoid Them - Custom and Charters in England During the Long 12th-Century - af Paul HyamsDispute, Procedure and Sanction - Some Remarks on Dispute Settlement in Swedish Medieval Laws - af Pia Letto-VanamoThe Use of Mediation and Arbitration in the Legal Revolution of 13th-Century Denmark - af Per AndersenThe Appellate Jurisdiction, the Emperor and the City - Republics in Early 13th-Century Northern Italy - af Gianluca RaccagniThe Practice of Legal Consulting and the Policy of Law in Late Medieval Dalmatia - af Nella LonzaInterdict, Conflict Resolution and the Competition for Power in the Episcopal Seigneuries of Laon and Reims (C. 1100) - af Frederik KeygnaertCompeting Institutions and Dispute Settlement in Medieval England - af Joshua C. TateChurch, State and Family in John Calvin?s Geneva - Domestic Disputes and Sex Crimes in Geneva?s Consistory and Council - af John Witte, Jr. Litigating Abroad - Merchant?s Expectations Regarding Procedure Before Foreign Courts According to the Hanseatic Privileges (12TH-16TH C.) - af Albrecht CordesContributors.
Book Synopsis Law, Sex, and Christian Society in Medieval Europe by : James A. Brundage
Download or read book Law, Sex, and Christian Society in Medieval Europe written by James A. Brundage and published by University of Chicago Press. This book was released on 2009-02-15 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Expectations of the Law in the Middle Ages by : Anthony Musson
Download or read book Expectations of the Law in the Middle Ages written by Anthony Musson and published by Boydell & Brewer. This book was released on 2001 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic examination of the expectations people had of the law in the middle ages.
Book Synopsis The Medieval Foundations of International Law by : Dante Fedele
Download or read book The Medieval Foundations of International Law written by Dante Fedele and published by BRILL. This book was released on 2021-04-26 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).
Book Synopsis Law and Politics in the Middle Ages by : Edward Jenks
Download or read book Law and Politics in the Middle Ages written by Edward Jenks and published by . This book was released on 1897 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A History of Law in Europe by : Antonio Padoa-Schioppa
Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Book Synopsis Marriage Litigation in Medieval England by : Helmholz
Download or read book Marriage Litigation in Medieval England written by Helmholz and published by Cambridge University Press. This book was released on 2007-03-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.
Book Synopsis Law and the Illicit in Medieval Europe by : Ruth Mazo Karras
Download or read book Law and the Illicit in Medieval Europe written by Ruth Mazo Karras and published by University of Pennsylvania Press. This book was released on 2013-02-11 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law as Profession and Practice in Medieval Europe by : Kenneth Pennington
Download or read book Law as Profession and Practice in Medieval Europe written by Kenneth Pennington and published by Routledge. This book was released on 2016-04-15 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Kingship and Law in the Middle Ages by : Fritz Kern
Download or read book Kingship and Law in the Middle Ages written by Fritz Kern and published by The Lawbook Exchange, Ltd.. This book was released on 2013-07 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Courts of Chivalry and Admiralty in Late Medieval Europe by : Anthony Musson
Download or read book Courts of Chivalry and Admiralty in Late Medieval Europe written by Anthony Musson and published by . This book was released on 2018-05-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A multi-disciplinary approach to two of the most important legal institutions of the Middle Ages.
Book Synopsis International law in Europe, 700–1200 by : Jenny Benham
Download or read book International law in Europe, 700–1200 written by Jenny Benham and published by Manchester University Press. This book was released on 2022-02-15 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Was there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700–1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.
Book Synopsis The Medieval Origins of the Legal Profession by : James A. Brundage
Download or read book The Medieval Origins of the Legal Profession written by James A. Brundage and published by ReadHowYouWant.com. This book was released on 2010-10 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
