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.
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.
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.
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:
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.
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.
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.
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.
Download or read book Scottish Legal History written by Andrew Robert Craig Simpson and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Cultures of Law in Urban Northern Europe written by Jackson Webster Armstrong and published by . This book was released on 2020-11-24 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.
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.
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.
Download or read book Treason written by and published by BRILL. This book was released on 2019-05-06 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Set against the framework of modern political concerns, Treason: Medieval and Early Modern Adultery, Betrayal, and Shame considers the various forms of treachery in a variety of sources, including literature, historical chronicles, and material culture creating a complex portrait of the development of this high crime.
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.
Download or read book Lectures on the History and Practice of the Law of Scotland written by Walter Ross and published by Andesite Press. This book was released on 2015-08-11 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Law and Authority in British Legal History 1200 1900 written by Mark Godfrey and published by Cambridge University Press. This book was released on 2016-04-07 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought.
