Download or read book Pionniers du droit occidental au Moyen Age written by André Gouron and published by Taylor & Francis. This book was released on 2023-05-31 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Pioneers' seems fitting to Professor Gouron to describe the jurists (civilists) of the 12th-century Latin West, that were the bearers of a new science, born in Bologna about 1100. Away from Bologna these pioneers were isolated, scattered from Scotland to Styria or Catalonia, and no more than one hundred can now be identified. These people, and their manuscripts and the relationships between them, are the subject of this collection, the fifth in the Variorum series by André Gouron, himself to be regarded as a pioneer in this field of research. This volume brings together twenty-two studies which have appeared since 1997 in widely scattered publications, often hard to access, along with additional notes and indexes.

Download or read book Law and Theology in the Middle Ages written by G.R. Evans and published by Routledge. This book was released on 2012-11-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unrivalled introduction to a fascinating subject, Law and Theology in the Middle Ages explores the relationship between law and theology in medieval Europe. Focusing on legal and theological responses to justice, mercy, fairness, and sin, this text examines the tension between ecclesiastical and secular authority in medieval Europe, illustrating areas of dispute in a clear and accessible way.

Download or read book Law and the Postmodern Mind written by Peter Goodrich and published by University of Michigan Press. This book was released on 2009-12-22 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.

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.

Download or read book The Rhetoric of Law written by Austin Sarat and published by University of Michigan Press. This book was released on 1996-01-23 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVAn interdisciplinary critique of the relationship between words and the law /div

Download or read book Law in the Courts of Love written by Peter Goodrich and published by Routledge. This book was released on 2002-11-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in the Courts of Love traces the literary history and diversity of past legal systems. These 'minor jurisprudences' range from the spiritual laws of the courts of conscience to the code and judgements of love handed down by women's courts in medieval France. Professor Goodrich presents the 15th Century Courts of Love in Paris as one instance of an alternative jurisdiction drawn from the diversities of the legal and literary past. Their textual records are correspondingly mixed in genre, being in the form of poems, narratives, plays, treaties and judicial decisions. More broadly, these studies trace certain boundaries of modern law and make up one of many forms of legal knowledge which escape today's vision of a unitary law. The author believes that the unquesionable faith in a unity law and its distance from person and emotion is precisely what makes impossible the attention to the individual that justice ultimately requires. Law in the Courts of Love shows how the historical diversity of forms and procedures of law can competently form the basis for critical revisions of contemporary legal doctrine and professional practice. This book will be of interest to undergraduate and postgraduate students of law and literature, critical legal studies and legal history, or anyone wishing to specialise in feminist legal theory.

Download or read book Songs Without Music written by Desmond Manderson and published by Univ of California Press. This book was released on 2000-10-03 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a series of reflections on the aesthetic dimensions of law (how it is presented and conveyed to its subjects) and justice (the ways in which justice can be aesthetically satisfying or dissatisfying).

Download or read book F odalit s et droits savants dans le Midi M di val written by Gérard Giordanengo and published by Taylor & Francis. This book was released on 2024-10-28 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The feudal system has come to be seen as one of the most characteristic features of the Western Middle Ages, yet the study of feudal law has not always received the same attention as that given to its institutions. This law, it is true, was a subject of secondary importance in the medieval universities, but there does remain a corpus of writing sufficiently large to permit the investigation of how it related to medieval practice. In these articles, now provided with extensive additional notes, Gérard Giordanengo has undertaken such an investigation, with particular reference to Southern France in the 12th-14th centuries. He shows how, in Provence, legal doctrine did exert a clear influence on feudal practice, and that it was the jurists attached to princely or ecclesiastic entourages who were the key to its dissemination. In the Dauphiné, on the other hand, theory had a more limited impact, and feudal ties became not a mark of subjection, but a means of recognising legal and social status. At the governmental level, finally, he argues that it was not any feudal theory, nor even any feudal structures, but rather the absolutist doctrines of Roman law and the Old Testament that shaped the political ideology - and practice, if possible - of the medieval king. Le système féodal est considéré comme étant l’une des caractéristiques fondamentales du Moyen Age occidental; cependant, l’étude du droit féodal savant n’a pas toujours fait l’objet de la même attention que celle portée à ses institutions et coutumes. Ce droit, il est vrai, était un sujet d’importance secondaire au sein des universités médiévales, mais il reste néanmoins, un ensemble d’écrits suffisamment important pour qu’il soit possible d’examiner son influence sur la pratique médiévale. Au cours de ces articles, dès à présent pourvus de notes supplémentaires, Gérard Giordanengo a entrepris une telle analyse, se référant plus particulièrement au Sud de l

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Michael Lobban and published by Springer. This book was released on 2016-02-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. ​Volume 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin. ​

Download or read book Popes Canonists and Texts 1150 1550 written by Kenneth Pennington and published by Taylor & Francis. This book was released on 2024-10-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several different approaches to medieval legal history are evident in these articles. The first group uses law to investigate the principles that governed society, whether clearly articulated or not, and to ask how the intellectual structures of the ius commune affected the institutions of government and the presuppositions of the people. The second group of articles illustrates the importance of returning to the manuscript sources of later medieval texts, rather than relying on the early printed editions. In both parts Professor Pennington also focuses on the lives of individual jurists, contending that these provide a key to the understanding of their thought, their position in society, and the connections between the two. One of these articles is published for the first time here, while a number of others have been revised and up-dated for publication. Plusieures approches différentes à l’histoire légale du Moyen Age sont reflétées au travers de ces articles. Le premier groupe se sert de la loi pour explorer les principes qui gouvernaient la société - que ceux-ci soient clairement exprimés ou non - et afin de demander comment les structures intellectuelles de l’ius commune affectaient les institutions gouvernementales et les présuppositions du peuple. Le second groupe illustre l’importance du retour aux sources manuscrites des textes médiévaux tardifs, plutôt que de se fier à des impressions anciennes. Au travers des deux parties du volume, le professeur Pennington se concentre aussi sur la vie de certains juristes, avançant qu’il s’agit là d’une des clefs permettant de comprendre leur pensée, leur place dans la société et le rapport entre ces deux facteurs. Un des articles est publié ici pour la première fois, alors qu’un certain nombre d’autres ont été révisés et mis à jour pour leur réimpression.

Download or read book Agamben and Law written by Thanos Zartaloudis and published by Routledge. This book was released on 2017-07-05 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles brings together a selection of previously published work on Agamben‘s thought in relation to law and gathered from within the legal field and theory in particular. The volume offers an exemplary range of varied readings, reflections and approaches which are of interest to readers, students and researchers of Agamben‘s law-related work.

Download or read book The Making of Gratian s Decretum written by Anders Winroth and published by Cambridge University Press. This book was released on 2000-11-23 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers perspectives on the legal and intellectual developments of the twelfth century. Gratian's collection of Church law, the Decretum, was a key text in these developments. Compiled in around 1140, it remained a fundamental work throughout and beyond the Middle Ages. Until now, the many mysteries surrounding the creation of the Decretum have remained unsolved, thereby hampering exploration of the jurisprudential renaissance of the twelfth century. Professor Winroth has now discovered the original version of the Decretum, which has long lain unnoticed among medieval manuscripts, in a version about half as long as the final text. It is also different from the final version in many respects - for example, with regard to the use of of Roman law sources - enabling a reconsideration of the resurgence of law in the twelfth century.

Download or read book The Master and Minerva written by Helen Solterer and published by Univ of California Press. This book was released on 2023-09-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can words do damage? For medieval culture, the answer was unambiguously yes. And as Helen Solterer contends, in French medieval culture the representation of women exemplified the use of injurious language. Solterer investigates the debates over women between masters and their disciples. Across a broad range of Old French literature to the early modern Querelle des femmes, she shows how the figure of the female respondent became an instrument for disputing the dominant models of representing women. The female respondent exploited the criterion of injurious language that so preoccupied medieval masters, and she charged master poets ethically and legally with libel. Solterer's work thus illuminates an early, decisive chapter in the history of defamation.

Download or read book The Medieval World written by Peter Linehan and published by Routledge. This book was released on 2013-09-13 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking collection brings the Middle Ages to life and conveys the distinctiveness of this diverse, constantly changing period. Thirty-eight scholars bring together one medieval world from many disparate worlds, from Connacht to Constantinople and from Tynemouth to Timbuktu. This extraordinary set of reconstructions presents the reader with a vivid re-drawing of the medieval past, offering fresh appraisals of the evidence and modern historical writing. Chapters are thematically linked in four sections: identities beliefs, social values and symbolic order power and power-structures elites, organizations and groups. Packed full of original scholarship, The Medieval World is essential reading for anyone studying medieval history.

Download or read book Studies in the History of Medieval Canon Law written by Stephan Kuttner and published by Taylor & Francis. This book was released on 2024-10-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth selection of articles by Professor Kuttner complements the volumes previously published by Variorum. Its subject is the history of the Church law of the Middle Ages, and the manner in which it has been studied. One group of articles is particularly concerned with the broader implications of medieval law, with its role in the history of doctrines and ideas: other sections focus on the history of the Glossators in modern research, and on the canonists of the period following the Decretals of Pope Gregory IX ” the Glossa Ordinaria and the works of St Raymond of Peñafort and Johannes Andreae form specific areas of interest. As in the previous volumes, there is an extensive section of 'Retractiones", recording the results of further research and assiduously detailing and commenting upon work done in the field since the articles were first published. To facilitate access to all this material, important indexes have also been provided. Cette quatrième collection d'articles du Professeur Kuttner complète les volumes préablement publiés par Variorum. Elle a pour sujet l'histoire du droit l'Eglise au Moyen Age et la manière dont il a été étudie. Un des groupes d'articles traite en particulier des implications plus larges medieval et de son rôle dans l'histoire doctrines et des idées. D'autres se concentrent sur l'histoire des Glossateurs au travers de la recherche moderne et sur les canonistes de la période suivant les décrétales du pape Grégoire IX ” les Glossa Ordinaria et les travaux de St Raymond de Penafort et de Johannes Andreae constituent des passages d'interet spécifiques. De même que dans les volumes précédentes, il existe une importante section de 'Retractiones' ou sont enregistres les résultants de recherches supplémentaires et ou y sont faits un compte-rendu assidueusement détaille, ainsi que des commentaires sur le travail accompli dans la domaine en question depuis la première publication des articles. Afin de faciliter

Download or read book Being Against the World written by Oscar Guardiola-Rivera and published by CRC Press. This book was released on 2008-07-17 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we save politics from the politician? How can we save ourselves? This book looks at the example of those who leave the city and break the social contract, rebellious exiles and freedom fighters escaping the wheel of necessity, and learns from them.

Download or read book Building New Bridges B tir de nouveaux ponts written by Jeff Keshen and published by University of Ottawa Press. This book was released on 2005-06-30 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of methodology and the use of sources are fundamental to all academic disciplines. In recent years, this topic has become far more challenging as scholars are increasingly adopting an interdisciplinary approach to achieve richer and deeper analyses, particularly in the humanities and social sciences. Building New Bridges / Bâtir de nouveaux ponts is a collection of scholarly papers that deals with the first principles of source identification and their effective utilization. The contributors to the volume come from a wide range of disciplines and represent both French and English Canada. Together, they explore and encourage the interdisciplinarity trend - around which considerable academic trepidation remains - and seek to explain, for example, how historians and those in English or Lettres françaises analyze texts, how scholars approach paintings, photography, and film, and how the study of music relates tempo and lyrics to wider societal trends. They utilize their respective research to elucidate means of effectively employing evidences and methods to achieve richer, deeper, and more nuanced results. As a whole, the collection provides an excellent primer for scholars of methodology.