Download or read book Order in the Court Medieval Procedural Treatises in Translation written by Bruce Brasington and published by BRILL. This book was released on 2016-03-17 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Order in the Court, Brasington translates and comments upon the earliest medieval treatises on ecclesiastical legal procedure. Beginning with the eleventh-century “Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.
Download or read book Vernacular Law written by Ada Maria Kuskowski and published by Cambridge University Press. This book was released on 2022-11-30 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new understanding of the transformative effect of vernacular writing on customary law in medieval France.
Download or read book Medieval Canon Law written by James A. Brundage and published by Taylor & Francis. This book was released on 2022-08-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.
Download or read book The Learned and Lived Law written by and published by BRILL. This book was released on 2024-10-21 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging collection of essays reflects the manifold scholarly interests of legal historian Charles Donahue, whose former students engage here with questions related to foundational Roman law concepts, the impact of the law on women and families in medieval and early modern Europe, the intersection of law and religion, and the echoes of legal ideas on later developments in American law and in world literature and philosophy. From the monks of Metz to the book sellers of colonial Boston, from fourteenth-century English charters to the writings of Faust, these essays invite you to experience law at once learned and lived. Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas E. Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr.
Download or read book The Norman Conquest in English History written by George Garnett and published by Oxford University Press, USA. This book was released on 2021-01-21 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the Battle of Hastings and Magna Carta have become common currency in political debate, this study of the role played by the Norman Conquest in English history between the eleventh and the seventeenth centuries is both timely and relevant.
Download or read book Law Literature and Social Regulation in Early Medieval England written by Andrew Rabin and published by Boydell & Brewer. This book was released on 2023-02-21 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society. Pre-Conquest English law was among the most sophisticated in early medieval Europe. Composed largely in the vernacular, it played a crucial role in the evolution of early English identity and exercised a formative influence on the development of the Common Law. However, recent scholarship has also revealed the significant influence of these legal documents and ideas on other cultural domains, both modern and pre-modern. This collection explores the richness of pre-Conquest legal writing by looking beyond its traditional codified form. Drawing on methodologies ranging from traditional philology to legal and literary theory, and from a diverse selection of contributors offering a broad spectrum of disciplines, specialities and perspectives, the essays examine the intersection between traditional juridical texts - from law codes and charters to treatises and religious regulation - and a wide range of literary genres, including hagiography and heroic poetry. In doing so, they demonstrate that the boundary that has traditionally separated "law" from other modes of thought and writing is far more porous than hitherto realized. Overall, the volume yields valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society.
Download or read book New Discourses in Medieval Canon Law Research written by and published by BRILL. This book was released on 2019-04-09 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages. Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.
Download or read book Gratian and the Schools of Law 1140 1234 written by Stephan Kuttner and published by Routledge. This book was released on 2018-10-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collected Studies CS1071 The central figure in this volume is that of Gratian, whose monumental compilation of canon law sparked off the revival of legal studies in the medieval West. In other collections of essays, Stephan Kuttner dealt with the development of canon law in the two centuries that followed the publication of Gratian's Decretum, and the ideas that this engendered; here he is concerned with the foundations upon which all these later efforts were based. The work of Gratian is, of course, the principal focus, but the studies then follow the spread of the teaching of law, from its inception at Bologna in the 1140s to its appearance soon after in other centres of learning in the West especially in France, in the Anglo-Norman schools and in Germany. With a quarter of the volume consisting of additional notes and extensive indexes, it makes a contribution of the greatest importance to the historical study of canon law. For this second edition, a new section of additional notes has been supplied, and the volume is introduced with an essay by Peter Landau; these take account of the important recent work on Gratian and the Decretum and chart the significance of Stephan Kuttner's work.
Download or read book The Legal History of the Church of England written by Norman Doe and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.
Download or read book Dante and Violence written by Brenda Deen Schildgen and published by University of Notre Dame Pess. This book was released on 2021-04-15 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores how Dante represents violence in the Comedy and reveals the connection between contemporary private and public violence and civic and canon law violations. Although a number of articles have addressed particular aspects of violence in discrete parts of Dante’s oeuvre, a systematic treatment of violence in the Commedia is lacking. This ambitious overview of violence in Dante’s literary works and his world examines cases of violence in the domestic, communal, and cosmic spheres while taking into account medieval legal approaches to rights and human freedom that resonate with the economy of justice developed in the Commedia. Exploring medieval concerns with violence both in the home and in just war theory, as well as the Christian theology of the Incarnation and Redemption, Brenda Deen Schildgen examines violence in connection to the natural rights theory expounded by canon lawyers beginning in the twelfth century. Partially due to the increased attention to its Greco-Roman cultural legacy, the twelfth-century Renaissance produced a number of startling intellectual developments, including the emergence of codified canon law and a renewed interest in civil law based on Justinian’s sixth-century Corpus juris civilis. Schildgen argues that, in addition to “divine justice,” Dante explores how the human system of justice, as exemplified in both canon and civil law and based on natural law and legal concepts of human freedom, was consistently violated in the society of his era. At the same time, the redemptive violence of the Crucifixion, understood by Dante as the free act of God in choosing the Incarnation and death on the cross, provides the model for self-sacrifice for the communal good. This study, primarily focused on Dante’s representation of his contemporary reality, demonstrates that the punishments and rewards in Dante’s heaven and hell, while ostensibly a staging of his vision of eternal justice, may in fact be a direct appeal to his readers to recognize the crimes that pervade their own world. Dante and Violence will have a wide readership, including students and scholars of Dante, medieval culture, violence, and peace studies.
Download or read book Peacemaking and the Canon Law of the Catholic Church written by Charles Reid, Jr. and published by BRILL. This book was released on 2023-12-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.
Download or read book Art and Political Thought in Medieval England C 1150 1350 written by Laura Slater and published by Boydell & Brewer. This book was released on 2018 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of how power and political society were imagined, represented and reflected on in medieval English art
Download or read book The Laws of Alfred written by Stefan Jurasinski and published by Cambridge University Press. This book was released on 2021-05-27 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alfred the Great's domboc ('book of laws') is the longest and most ambitious legal text of the Anglo-Saxon period. Alfred places his own laws, dealing with everything from sanctuary to feuding to the theft of bees, between a lengthy translation of legal passages from the Bible and the legislation of the West-Saxon King Ine (r. 688–726), which rival his own in length and scope. This book is the first critical edition of the domboc published in over a century, as well as a new translation. Five introductory chapters offer fresh insights into the laws of Alfred and Ine, considering their backgrounds, their relationship to early medieval legal culture, their manuscript evidence and their reception in later centuries. Rather than a haphazard accumulation of ordinances, the domboc is shown to issue from deep reflection on the nature of law itself, whose effects would permanently alter the development of early English legislation.
Download or read book Justice and mercy written by Philippa Byrne and published by Manchester University Press. This book was released on 2018-11-06 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate – a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.
Download or read book The Canons of the Third Lateran Council of 1179 written by Danica Summerlin and published by Cambridge University Press. This book was released on 2019-11-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates papal government in the later-twelfth century, focusing on the decrees issued at papal councils, and their reception.
Download or read book Great Christian Jurists in the Low Countries written by Wim Decock and published by Cambridge University Press. This book was released on 2021-10-07 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: What impact has Christianity had on law and policies in the Lowlands from the eleventh century through the end of the twentieth century? Taking the gradual 'secularization' of European legal culture as a framework, this volume explores the lives and times of twenty legal scholars and professionals to study the historical impact of the Christian faith on legal and political life in the Low Countries. The process whereby Christian belief systems gradually lost their impact on the regulation of secular affairs passed through several stages, not in the least the Protestant Reformation, which led to the separation of the Low Countries in a Protestant North and a Catholic South in the first place. The contributions take up general issues such as the relationship between justice and mercy, Christianity and politics as well as more technical topics of state-church law, criminal law and social policy.
Download or read book The Road to Justice The Bible and the law as cornerstones of civilisation and culture written by Eltjo JH Schrage and published by African Sun Media. This book was released on 2023-10-24 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between art, Christian culture and the law often receives attention. It is trite that law influences all human lives as well as culture and art. The law, however, does not only provide a context within which art and culture can develop, but it is also the cornerstone of civilisation and culture. On the other hand, we must contemplate whether civilisation and culture are necessary conditions for a legal system. This book consists of a compilation of essays narrating the influence of principles from the Bible – on which the Christian belief is premised and practised by Christians worldwide – on law and on culture. Consideration is given to the foundation of the law on different and well-known Biblical texts. The interplay between Christian principles vis-à-vis the law and culture is considered and unpacked in this research. In addition, copies of well-known art depicting scenes from the Bible enhance each chapter. The main author, the late Prof. Eltjo Schrage, passed away shortly before the book was published with the assistance of Prof. Jan Adriaan van der Walt, Dr Glynis van der Walt and Dr Hashali Hamukuaya.
