Law and Legal Consciousness in Medieval Scotland

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Author :
Publisher : BRILL
ISBN 13 : 9004683763
Total Pages : 615 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Law and Legal Consciousness in Medieval Scotland by : Hector L. MacQueen

Download or read book Law and Legal Consciousness in Medieval Scotland written by Hector L. MacQueen and published by BRILL. This book was released on 2023-10-20 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.

Common Law and Feudal Society in Medieval Scotland

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Author :
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Common Law and Feudal Society in Medieval Scotland by : Hector L. MacQueen

Download or read book Common Law and Feudal Society in Medieval Scotland written by Hector L. MacQueen and published by . This book was released on 1993 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The close links between Scots and English law in the Middle Ages have long been recognised, but S.F.C. Milsom has recently challenged the received views of English legal development. Common Law and Feudal Society assesses the relevance of the new approach to Scottish legal history, setting the development of medieval law within the context of a society in which private lordship, exercised through courts and other less formal methods of dispute settlement, played a key role alongside royal justice. Based on extensive research, this book examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of the land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session. Exploring the relationship between law and society, this book is for social and legal historians alike.

Medieval law in context

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Author :
Publisher : Manchester University Press
ISBN 13 : 1526148293
Total Pages : 287 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Medieval law in context by : Anthony Musson

Download or read book Medieval law in context written by Anthony Musson and published by Manchester University Press. This book was released on 2020-01-03 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how medieval people at all social levels thought about law, justice and politics, as well as their role in society. Provides a clear, structured view of judicial developments and experience of litigation in the thirteenth and fourteenth centuries. Offers a new perspective on both law and politics by focusing on the medium of legal consciousness and legal culture.. Makes the specialised area of law accessible for the general reader interested in the medieval period.

The Laws of Medieval Scotland

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Author :
Publisher :
ISBN 13 : 9781872517339
Total Pages : 657 pages
Book Rating : 4.5/5 (173 download)

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Book Synopsis The Laws of Medieval Scotland by : Alice Taylor

Download or read book The Laws of Medieval Scotland written by Alice Taylor and published by . This book was released on 2019 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume is, in addition to fulfilling the Stair Societys key objective of encouraging the study and advancing the knowledge of the history of Scots Law by the publication of original documents and by the reprinting and editing of works of sufficient rarity or importance, an output of the AHRC funded project, The Community of the Realm in Scotland, 1249-1424: history, law and charters in a recreated kingdom.

Cultures of Law in Urban Northern Europe

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Author :
Publisher : Routledge
ISBN 13 : 0429553455
Total Pages : 288 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Cultures of Law in Urban Northern Europe by : Jackson W. Armstrong

Download or read book Cultures of Law in Urban Northern Europe written by Jackson W. Armstrong and published by Routledge. This book was released on 2020-11-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing together an international team of historians, lawyers and historical sociolinguists, this volume investigates urban cultures of law in Scotland, with a special focus on Aberdeen and its rich civic archive, the Low Countries, Norway, Germany and Poland from c. 1350 to c. 1650. In these essays, the contributors seek to understand how law works in its cultural and social contexts by focusing specifically on the urban experience and, to a great extent, on urban records. The contributions are concerned with understanding late medieval and early modern legal experts as well as the users of courts and legal services, the languages and records of law, and legal activities occurring inside and outside of official legal fora. This volume considers what the expectations of people at different status levels were for the use of the law, what perceptions of justice and authority existed among different groups, and what their knowledge was of law and legal procedure. By examining how different aspects of legal culture came to be recorded in writing, the contributors reveal how that writing itself then became part of a culture of law. Cultures of Law in Urban Northern Europe: Scotland and its Neighbours c.1350–c.1650 combines the historical study of law, towns, language and politics in a way that will be accessible and compelling for advanced level undergraduates and postgraduate to postdoctoral researchers and academics in medieval and early modern, urban, legal, political and linguistic history.

Common Law and Feudal Society in Medieval Scotland

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Author :
Publisher :
ISBN 13 : 9781474407472
Total Pages : pages
Book Rating : 4.4/5 (74 download)

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Book Synopsis Common Law and Feudal Society in Medieval Scotland by : Hector L. MacQueen

Download or read book Common Law and Feudal Society in Medieval Scotland written by Hector L. MacQueen and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Scottish Legal History

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Publisher : Edinburgh University Press
ISBN 13 : 074869742X
Total Pages : 396 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Scottish Legal History by : Andrew R. C. Simpson

Download or read book Scottish Legal History written by Andrew R. C. Simpson and published by Edinburgh University Press. This book was released on 2017-07-07 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Justice in Renaissance Scotland

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Author :
Publisher : BRILL
ISBN 13 : 9004174664
Total Pages : 505 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Civil Justice in Renaissance Scotland by : Andrew Mark Godfrey

Download or read book Civil Justice in Renaissance Scotland written by Andrew Mark Godfrey and published by BRILL. This book was released on 2009 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of the Session in the fifteenth century as a judicial sitting of the King s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.

A History of Private Law in Scotland

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Author :
Publisher :
ISBN 13 : 9780198267782
Total Pages : 856 pages
Book Rating : 4.2/5 (677 download)

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Book Synopsis A History of Private Law in Scotland by : Kenneth G. C. Reid

Download or read book A History of Private Law in Scotland written by Kenneth G. C. Reid and published by . This book was released on 2000 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.

Cultures of Law in Urban Northern Europe

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Author :
Publisher :
ISBN 13 : 9780367206802
Total Pages : 287 pages
Book Rating : 4.2/5 (68 download)

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Book Synopsis Cultures of Law in Urban Northern Europe by : Jackson Webster Armstrong

Download or read book Cultures of Law in Urban Northern Europe written by Jackson Webster Armstrong and published by . This book was released on 2020-11-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating cultures of law in urban Northern Europe / Jackson W. Armstrong and Edda Frankot -- Telling tales : maritime law in Aberdeen in the early sixteenth century / J.D. Ford -- Common books in Aberdeen, c. 1398 - c. 1511 / William Hepburn and Graeme Small -- The language of medieval legal record as a complex multilingual code / Joanna Kopaczyk -- The vernacularisation of the Aberdeen Council Registers (1398-1511) / Anna D. Havinga -- Urban law in Norwegian market towns : legal culture in a long fourteenth century / Miriam Tveit -- The Burgh and the forest : Burgesses and officers in fifteenth-century Scotland / Michael H. Brown -- Pax Urbana. The use of law for the achievement of political goals / Jörg Rogge -- Recalcitrant brides and grooms. jurisdiction, marriage, and conflicts with parents in fifteenth-century / Ghent Chanelle Delameillieure and Jelle Haemers -- Legal business outside the courts : private and public houses as spaces of law in the fifteenth century / Edda Frankot -- Conflicts about property : ships and inheritances in Danzig and in the Hanse Area (fifteenth to sixteenth centuries) / Justyna Wubs-Mrozewicz -- 'Malice' and motivation for hostility in the Burgh courts of late medieval Aberdeen / Jackson W. Armstrong -- Bells, clocks, and the beginnings of 'lawyer time' in late medieval Scotland / David Ditchburn -- Andrew Alanson : man of law in the Aberdeen Council Register, c. 1440 - c.1475? / Andrew R.C. Simpson -- Notaries and advocates in early modern Aberdeen / Adelyn L.M. Wilson.

A New Perspective of Scottish Legal History 1000-1707

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Author :
Publisher : Edinburgh Edition of Walter Scott's Poetry
ISBN 13 : 9780748697397
Total Pages : 448 pages
Book Rating : 4.6/5 (973 download)

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Book Synopsis A New Perspective of Scottish Legal History 1000-1707 by : Adelyn L. M. Wilson

Download or read book A New Perspective of Scottish Legal History 1000-1707 written by Adelyn L. M. Wilson and published by Edinburgh Edition of Walter Scott's Poetry. This book was released on 2017-07-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first textbook on Scottish legal history from the genesis of Scots law to the Union, written from a legal perspective From the roots of a law that applied to all subjects of the Scottish King to the Union with England, this new legal history textbook explores the genesis, evolution and enduring influence of early Scots law. Discover how and why Scots law come into being, how was it used in dispute resolution during the medieval and early modern periods and how its authority developed over the centuries.

Local Customs and Common Laws

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Author :
Publisher : BRILL
ISBN 13 : 9004695001
Total Pages : 416 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Local Customs and Common Laws by : J.D. Ford

Download or read book Local Customs and Common Laws written by J.D. Ford and published by BRILL. This book was released on 2024-05-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers in Scotland in the later sixteenth century took a disproportionate interest in the law governing maritime commerce. Some essays in this collection consider their handling of the subject in treatises they wrote. Other essays, however, show that disputes relating to maritime trade were handled in a different way in the courts of the towns at which ships arrived. Further essays examine the relationship between these contrasting perspectives. Although the essays focus on the law governing maritime commerce in Scotland, they also contribute to a wider debate about the nature of maritime law in early-modern Europe.

Cultures of Law in Urban Northern Europe

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Author :
Publisher : Routledge
ISBN 13 : 0429557922
Total Pages : 300 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Cultures of Law in Urban Northern Europe by : Jackson W. Armstrong

Download or read book Cultures of Law in Urban Northern Europe written by Jackson W. Armstrong and published by Routledge. This book was released on 2020-11-24 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing together an international team of historians, lawyers and historical sociolinguists, this volume investigates urban cultures of law in Scotland, with a special focus on Aberdeen and its rich civic archive, the Low Countries, Norway, Germany and Poland from c. 1350 to c. 1650. In these essays, the contributors seek to understand how law works in its cultural and social contexts by focusing specifically on the urban experience and, to a great extent, on urban records. The contributions are concerned with understanding late medieval and early modern legal experts as well as the users of courts and legal services, the languages and records of law, and legal activities occurring inside and outside of official legal fora. This volume considers what the expectations of people at different status levels were for the use of the law, what perceptions of justice and authority existed among different groups, and what their knowledge was of law and legal procedure. By examining how different aspects of legal culture came to be recorded in writing, the contributors reveal how that writing itself then became part of a culture of law. Cultures of Law in Urban Northern Europe: Scotland and its Neighbours c.1350–c.1650 combines the historical study of law, towns, language and politics in a way that will be accessible and compelling for advanced level undergraduates and postgraduate to postdoctoral researchers and academics in medieval and early modern, urban, legal, political and linguistic history.

Law, Lordship and Tenure: The Fall of the Black Douglases

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Author :
Publisher : Strathmartine Press
ISBN 13 : 9780995544123
Total Pages : 0 pages
Book Rating : 4.5/5 (441 download)

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Book Synopsis Law, Lordship and Tenure: The Fall of the Black Douglases by : Alan R. Borthwick

Download or read book Law, Lordship and Tenure: The Fall of the Black Douglases written by Alan R. Borthwick and published by Strathmartine Press. This book was released on 2022-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a new interpretation of the fall of later medieval Scotland's greatest noble family, the Black Douglases, in 1455. The discussion reaches back in time to over a century before, as the family began its rise to the pinnacle of Scottish society. The killing of William eighth earl of Douglas by King James II in 1452 receives particular attention, as also the way in which he, his brother James (his successor as earl), and their predecessors exercised their power and authority as earls and lords. The identifiable failings of the Douglases in this regard are the key to understanding the catastrophe that befell the family in 1455. The book's principal analytical tool is the law relevant to these events and the specific meaning and significance of the documents (which is often a legal question) that evidence them. This form of analysis is at least as relevant as any based more on contests for raw power, with 'legal consciousness' a vital feature of Scottish noble society.

Legalism: Anthropology and History

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Publisher : OUP Oxford
ISBN 13 : 0191641472
Total Pages : 366 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Legalism: Anthropology and History by : Paul Dresch

Download or read book Legalism: Anthropology and History written by Paul Dresch and published by OUP Oxford. This book was released on 2012-08-30 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and law-like institutions are visible in human societies very distant from each other in time and space. When it comes to observing and analysing such social constructs historians, anthropologists, and lawyers run into notorious difficulties in how to conceptualize them. Do they conform to a single category of 'law'? How are divergent understandings of the nature and purpose of law to be described and explained? Such questions reach to the heart of philosophical attempts to understand the nature of law, but arise whenever we are confronted by law-like practices and concepts in societies not our own. In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy.

Pain, Penance, and Protest

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Publisher : Cambridge University Press
ISBN 13 : 100907959X
Total Pages : 489 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Pain, Penance, and Protest by : Sara M. Butler

Download or read book Pain, Penance, and Protest written by Sara M. Butler and published by Cambridge University Press. This book was released on 2021-11-18 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: In medieval England, a defendant who refused to plead to a criminal indictment was sentenced to pressing with weights as a coercive measure. Using peine forte et dure ('strong and hard punishment') as a lens through which to analyse the law and its relationship with Christianity, Butler asks: where do we draw the line between punishment and penance? And, how can pain function as a vehicle for redemption within the common law? Adopting a multidisciplinary approach, this book embraces both law and literature. When Christ is on trial before Herod, he refused to plead, his silence signalling denial of the court's authority. England's discontented subjects, from hungry peasant to even King Charles I himself, stood mute before the courts in protest. Bringing together penance, pain and protest, Butler breaks down the mythology surrounding peine forte et dure and examines how it functioned within the medieval criminal justice system.

Law, Lawyers, and Humanism

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Publisher : Edinburgh University Press
ISBN 13 : 0748682112
Total Pages : 608 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Law, Lawyers, and Humanism by : John W Cairns

Download or read book Law, Lawyers, and Humanism written by John W Cairns and published by Edinburgh University Press. This book was released on 2015-07-27 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a selection of the most cited articles published by Professor John W. Cairns. Essays range from Scots Law from 16th and 17th century Scotland, through to the 18th century influence of Dutch Humanism into the 19th century, a