Medieval Legal Process

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Medieval Legal Process

Author : Marco Mostert
Publisher : Brepols Publishers
ISBN 13 : 9782503541747
Total Pages : 0 pages
Book Rating : 4.5/5 (417 download)

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Book Synopsis Medieval Legal Process by : Marco Mostert

Download or read book Medieval Legal Process written by Marco Mostert and published by Brepols Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In medieval legal transactions the use of the written word was only one of many ways of conducting business. Important roles were played by the spoken word and by the 'action' of ritual. The relationship between 'rituals' and literacy has been the focus of much recent research. Medieval societies which made extensive use of written instruments in legal transactions have been shown to employ rituals as well. This has led to investigation of the respective functions of written instruments and legal rituals. What is the nature of legal rituals? If they included oral verbalization, how did the spoken words relate to those of the written instruments that played a role in the same legal transactions? Usually, we only have the written documents to answer these questions, and they are often silent about the rituals and oral elements of the transactions they document. Furthermore, the importance attached to written instruments and rituals may not have been the same at all levels of a society, differing, for example, between princely and local courts. The contributors to this volume discuss fifteen cases, ranging from the early Middle Ages to the eighteenth century, and from England to Galician Rus'.

The Criminal Law System of Medieval and Renaissance Florence

Author : Laura Ikins Stern
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis The Criminal Law System of Medieval and Renaissance Florence by : Laura Ikins Stern

Download or read book The Criminal Law System of Medieval and Renaissance Florence written by Laura Ikins Stern and published by . This book was released on 1994 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historians of medieval and Renaissance Italy have long held that the Florentine republic fell victim to rule by oligarchy in the early fifteenth century. Now, in the first complete analysis of the criminal law system of Florence during this crucial period, Laura Ikins Stern argues that the vitality of Florentine legal institutions gives evidence of a centralized state bureaucracy strong enough to thwart the early development of a ruling oligarchy. Exploring the changing roles played by judicial officials as well as the evolution of Florentine government, Stern shows how these developments reflected broad-based change in society at large. From such primary documents as legal statutes and actual trial records, she provides a step-by-step explanation of trial procedure to offer a rare glimpse of inquisition methods in the secular world--from public fame initiation, through the weighing of various levels of proof, to the complex process of sentencing. And sheexplores the links between implementation of inquisition procedure, the development of the territorial state, and the struggle between republican institutions and the emerging oligarchy. The Johns Hopkins University Studies in Historical and Political Science.

Legal Procedure and Practice in Medieval Denmark

Author : Per Andersen
Publisher : BRILL
ISBN 13 : 9004206582
Total Pages : 466 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Legal Procedure and Practice in Medieval Denmark by : Per Andersen

Download or read book Legal Procedure and Practice in Medieval Denmark written by Per Andersen and published by BRILL. This book was released on 2011-05-23 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive examination of how the Fourth Lateran Council’s prohibition against trial by ordeal was implemented in Danish secular law and how it required both a fundamental restructuring of legal procedure and an entirely different approach to jurisprudence in practice. It offers a broader understanding of how ideology could penetrate and change jurisprudence firstly by changing the norms, secondly by presupposing new kind of legal institutions. Rather than focusing on pure dogmatics, this investigation will focus on uncovering the ideological character of procedure with regard to how those learned in law and those holding political power thought that jurisprudence needed to be constructed in order to ensure that justice was done in medieval Denmark.

The History of Courts and Procedure in Medieval Canon Law

Author : Wilfried Hartmann
Publisher : CUA Press
ISBN 13 : 0813229049
Total Pages : 521 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis The History of Courts and Procedure in Medieval Canon Law by : Wilfried Hartmann

Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Criminal Trial in Later Medieval England

Author : John G. Bellamy
Publisher : University of Toronto Press
ISBN 13 : 9780802042958
Total Pages : 218 pages
Book Rating : 4.0/5 (429 download)

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Book Synopsis The Criminal Trial in Later Medieval England by : John G. Bellamy

Download or read book The Criminal Trial in Later Medieval England written by John G. Bellamy and published by University of Toronto Press. This book was released on 1998-01-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents the first full-length study of the English criminal trial in a crucial period of its development (1300-1550). Based on prime source material, The Criminal Trial in Later Medieval England uses legal treatises, contemporary reports of instructive cases, chancery rolls, state papers and court files and rolls to reconstruct the criminal trial in the later medieval and early Tudor periods. There is particular emphasis on the accusation process (studied in depth here for the first time, showing how it was, in effect, a trial within a trial); the discovery of a veritable revolution in conviction rates between the early fifteenth century and the later sixteenth (why this revolution occurred is explained in detail); the nature and scope of the most prevalent types of felony in the period; and the startling contrast between the conviction rate and the frequency of actual punishment. The role of victims, witnesses, evidence, jurors, justices and investigative techniques are analysed. John Bellamy is one of the foremost scholars in the field of English criminal justice and in The Criminal Trial in Later Medieval England gives a masterful account of what the medieval legal process involved. He guides the reader carefully through the maze of disputed and controversial issues, and makes clear to the non-specialist why these disputes exist and what their importance is for a fuller understanding of medieval criminal law. Those with a special interest in medieval law, as well as all those interested in how society deals with crime, will appreciate Professor Bellamy's clarity and wisdom and his careful blend of critical overview and new insights.

Law and Legal Process

Author : Matthew Dyson
Publisher : Cambridge University Press
ISBN 13 : 1107040582
Total Pages : 373 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Law and Legal Process by : Matthew Dyson

Download or read book Law and Legal Process written by Matthew Dyson and published by Cambridge University Press. This book was released on 2013-07-25 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading historians of English law examine the relationship between substantive law and legal process from medieval to modern times.

Medieval Law in Context

Author : Anthony Musson
Publisher : Manchester University Press
ISBN 13 : 9780719054945
Total Pages : 290 pages
Book Rating : 4.0/5 (549 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 2001-07-06 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an important new perspective on medieval political, legal, and social history in England, Anthony Musson examines how medieval people at all social levels thought about law, justice, politics, and their role in society. He provides a history of judicial developments in the 13th and 14th centuries, while interweaving within each chapter a special focus on different facets of legal culture and experience. This illuminating approach reveals a comprehensive picture of two centuries worth of tremendous social change.

The History of Medieval Canon Law in the Classical Period, 1140-1234

Author : Wilfried Hartmann
Publisher : CUA Press
ISBN 13 : 0813214912
Total Pages : 457 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis The History of Medieval Canon Law in the Classical Period, 1140-1234 by : Wilfried Hartmann

Download or read book The History of Medieval Canon Law in the Classical Period, 1140-1234 written by Wilfried Hartmann and published by CUA Press. This book was released on 2008 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.

Rethinking Legal Reasoning

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712612
Total Pages : 374 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Rethinking Legal Reasoning by : Geoffrey Samuel

Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?

Power and Justice in Medieval England

Author : Joshua C. Tate
Publisher : Yale University Press
ISBN 13 : 0300163835
Total Pages : 270 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Power and Justice in Medieval England by : Joshua C. Tate

Download or read book Power and Justice in Medieval England written by Joshua C. Tate and published by Yale University Press. This book was released on 2022-01-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.

A Study of Legal Process in Medieval England

Author : Alan Michael Keller
Publisher :
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis A Study of Legal Process in Medieval England by : Alan Michael Keller

Download or read book A Study of Legal Process in Medieval England written by Alan Michael Keller and published by . This book was released on 1963 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Divorce in Medieval England

Author : Sara Margaret Butler
Publisher : Routledge
ISBN 13 : 0415825164
Total Pages : 207 pages
Book Rating : 4.4/5 (158 download)

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Book Synopsis Divorce in Medieval England by : Sara Margaret Butler

Download or read book Divorce in Medieval England written by Sara Margaret Butler and published by Routledge. This book was released on 2013 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility.

Law and Disputing in the Middle Ages

Author : Per Andersen
Publisher : Djoef Publishing
ISBN 13 : 9788757426816
Total Pages : 0 pages
Book Rating : 4.4/5 (268 download)

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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.

The Crossroads of Justice

Author : Esther Cohen
Publisher : BRILL
ISBN 13 : 9789004095694
Total Pages : 260 pages
Book Rating : 4.0/5 (956 download)

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Book Synopsis The Crossroads of Justice by : Esther Cohen

Download or read book The Crossroads of Justice written by Esther Cohen and published by BRILL. This book was released on 1993 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the cultural and social functions of law, legal processes and legal rituals in late medieval northern France. It interprets the various influences upon the shaping of law as a cultural manifestation and its application as an actual system of justice.

The Trial of Jan Hus

Author : Thomas A. Fudge
Publisher : Oxford University Press
ISBN 13 : 0199988099
Total Pages : 419 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Trial of Jan Hus by : Thomas A. Fudge

Download or read book The Trial of Jan Hus written by Thomas A. Fudge and published by Oxford University Press. This book was released on 2013-04-30 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six hundred years ago, the Czech priest Jan Hus (1371-1415) traveled out of Bohemia, never to return. After a five-year legal ordeal that took place in Prague, in the papal curia, and finally in southern Germany, the case of Jan Hus was heard by one of the largest and most magnificent church gatherings in medieval history: the Council of Constance. Before a huge audience, Hus was burned alive as a stubborn and disobedient heretic. His trial sparked intense reactions and opinions ranging from satisfaction to accusations of judicial murder. Thomas A. Fudge offers the first English-language examination of the indictment, relevant canon law, and questions of procedural legality. In the modern world, there is instinctive sympathy for a man burned alive for his convictions, and it is presumed that any court that sanctioned such an action must have been irregular. Was Hus guilty of heresy? Were his doctrinal convictions contrary to established ideas espoused by the Latin Church? Was his trial legal? Despite its historical significance and the controversy it provoked, the trial of Jan Hus has never before been the subject of a thorough legal analysis or assessed against prevailing canonical legislation and procedural law in the later Middle Ages. The Trial of Jan Hus shows how this popular and successful priest became a criminal suspect and a convicted felon, and why he was publicly executed, providing critical insight into what may have been the most significant heresy trial of the Middle Ages.

Medicine and the Law in the Middle Ages

Author :
Publisher : BRILL
ISBN 13 : 9004269118
Total Pages : 392 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Medicine and the Law in the Middle Ages by :

Download or read book Medicine and the Law in the Middle Ages written by and published by BRILL. This book was released on 2014-03-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medicine and the Law in the Middle Ages offers fresh insight into the intersection between these two distinct disciplines. A dozen authors address this intersection within three themes: medical matters in law and administration of law, professionalization and regulation of medicine, and medicine and law in hagiography. The articles include subjects such as medical expertise at law on assault, pregnancy, rape, homicide, and mental health; legal regulation of medicine; roles physicians and surgeons played in the process of professionalization; canon law regulations governing physical health and ecclesiastical leaders; and connections between saints’ judgments and the bodies of the penitent. Drawing on primary sources from England, France, Frisia, Germany, Ireland, Italy, Portugal, and Spain, the volume offers a truly international perspective. Contributors are Sara M. Butler, Joanna Carraway Vitiello, Jean Dangler, Carmel Ferragud, Fiona Harris-Stoertz, Maire Johnson, Hiram Kümper, Iona McCleery, Han Nijdam, Kira Robison, Donna Trembinski, Wendy J. Turner, and Katherine D. Watson.