Download or read book Beyond Dogmatics written by John W. Cairns and published by Edinburgh University Press. This book was released on 2007-05-25 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roma

Download or read book Speculum Norroenum written by Ursula Dronke and published by . This book was released on 1981 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Medieval Origins of the Legal Profession written by James A. Brundage and published by University of Chicago Press. This book was released on 2008-11-15 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage’s The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

Download or read book Intellectual Life in the Middle Ages written by Lesley Smith and published by A&C Black. This book was released on 1992-07-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The variety of experience available to medieval scholars and the vitality of medieval thought are both reflected in this collection of original essays by distinguished historians. Intellectual Life in the Middle Ages is presented to Margaret Gibson, whose own work has ranged from Boethius to Lanfranc and to the study of the Bible in the middle ages.

Download or read book The Profession and Practice of Medieval Canon Law written by James A. Brundage and published by Taylor & Francis. This book was released on 2024-10-28 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This latest collection of studies by James Brundage deals with the emergence of the profession of canon law and with aspects of its practice in the period from the 12th to the 14th centuries. Substantial numbers of lawyers systematically trained in canon law first appeared in Western Europe during the second half of the 12th, century and in the 13th they began to dominate the hierarchy of the Western church. By 1250 canon law had grown into something more than a profitable occupation: it had become a recognizable profession in the strict meaning of the term as it is still used today. University law faculties trained aspiring canonists in the mysteries of their craft and put them through intellectually demanding exercises that terminated in a formal examination before they received their degrees. Judges in church courts formally admitted them to practice after verifying their educational qualifications and administered prescribed rules of conduct. Particular topics are the canonists' system of legal ethics, the education and training of canon lawyers in university law faculties, and some fundamental features of the professional practice of canon law, both in medieval Europe and in the crusading states of the Levant.

Download or read book The Kiss of Peace Ritual Self and Society in the High and Late Medieval West written by Kiril Petkov and published by BRILL. This book was released on 2003-06-01 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reveals the social logic of the medieval rituals of reconciliation as showcased by the most potent rite, the kiss of peace. Ritual is presented as a contested ground on which individuals, groups, and political and moral authorities competed for and appropriated political sovereignty. The thesis of the study is that by employing ritual and bodily mnemonics as strategic tools, the forces of order and official morality strove to organize personality structures around a hegemonic value system. Researching three analytical fields—the legal bonds of peace, the emotional economy of ritual, and the building of identity—the book highlights the contents and evolution of ritual reconciliation in diverse cultural contexts in the period between the eleventh and the sixteenth centuries.

Download or read book The Matrimonial Trials of Henry VIII written by H.A. Kelly and published by Wipf and Stock Publishers. This book was released on 2004-01-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: What were Henry VIII's grounds for attempting to put aside his marriage to Catherine of Aragon? Were they no more than flimsy excuses to gratify his passion for Anne Boleyn? Or were there substantial reasons to lead him to believe that he had been living in sin for two decades? Making use of hitherto unknown or unexploited documentary evidence, the author sets out the intricacies of canon law regarding impediments to marriage and carefully explores the arguments and precedents Henry and his lawyers invoked in justifying his actions in public, in the ecclesiastical courts of England and Rome, and in the privacy of his own conscience. The effect of this reexamination forces substantial alterations in the traditional accounts not only of his first marriage and annulment, but also of the later ones to Anne Boleyn and Anne of Cleves, for the religious and legal principles involved were anything but flimsy and remained for Henry matters of lasting concern. Particularly noteworthy is the author's reconstruction of the legatine trial at Blackfriars in 1529, in which he brings to light the complete court record for the first time in 260 years. This reprinting (2004) of the 1976 edition contains a new Foreword.

Download or read book Law and Commerce in Pre Industrial Societies written by Barry Hawk and published by BRILL. This book was released on 2015-10-20 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well before states, literacy, or legal systems, there were commerce and trade, which are found in all societies irrespective of politics, social norms or ideologies. Athenian landowners, Roman senators and Qing mandarins screened their participation in commerce and trade. Legal and informal institutions were developed to secure persons and property, resolve commercial disputes, raise capital and share risk, promote fair dealing, regulate agents and gather market information. Law and Commerce in Pre-Industrial Societies examines commerce, its participants and these institutions through the lens of nine pre-industrial societies: Hunter/gatherers, Mesopotamia, Egypt, Athens, Rome, the early Islamic world, medieval Europe, medieval Southern India and Qing China. The book provides historical perspective to contemporary debates about the relationship between commerce and law, public ordering versus privately created systems of law, the rule of law and the relative merits of courts versus merchant networks to resolve disputes.

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 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.

Download or read book The Oxford Handbook of Roman Law and Society written by Paul J. du Plessis and published by Oxford University Press. This book was released on 2016 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook is intended to survey the landscape of contemporary research and chart principal directions of future inquiry. Its aim is to bring to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society. This unique contribution of the volume sets it apart from others in the field. Furthermore, the volume brings the study of Roman law into closer alignment, and thus into dialogue, with historical, sociological, and anthropological research in law in other periods. The volume is therefore directed not simply to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.

Download or read book Angelus Pacis written by Blake R. Beattie and published by BRILL. This book was released on 2007 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines a largely overlooked Avignonese legation to Tuscany and the Papal States, and assesses its impact on Avignonese papal policy in Italy.

Download or read book Law as Performance written by Julie Stone Peters and published by Oxford University Press. This book was released on 2022 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, --as it still does today.

Download or read book Rights at the Margins written by Virpi Mäkinen and published by BRILL. This book was released on 2020-11-04 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights at the Margins explores the ways rights were available to those on the margins and their relationship with social justice in medieval and early modern thought. It also elaborates the relevance of some historical ideas in the contemporary context.

Download or read book John Knox and the British Reformations written by Roger A. Mason and published by Routledge. This book was released on 2018-12-20 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in 1998. John Knox is one of the towering figures of the European reformation, his name synonymous with hard-line evangelical Protestantism, and his influence spreading far beyond his native Scotland. This volume seeks to reassess Knox's career in the context of the European Reformation as a whole, but with particular reference to his impact in Scotland and England. The 13 contributors, all acknowledged authorities in the field, together provide a significant reappraisal of Knox and his role in the British Reformations.

Download or read book Medicine and the Law Under the Roman Empire written by Claire Bubb and published by Oxford University Press. This book was released on 2023-05-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when we juxtapose medicine and law in the ancient Roman world? This innovative collection of scholarly research shows how both fields were shaped by the particular needs and desires of their practitioners and users. It approaches the study of these fields through three avenues. First, it argues that the literatures produced by elite practitioners, like Galen or Ulpian, were not merely utilitarian, but were pieces of aesthetically inflected literature and thus carried all of the disparate baggage linked to any form of literature in the Roman context. Second, it suggests that while one element of that literary luggage was the socio-political competition that these texts facilitated, high stakes agonism also uniquely marked the quotidian practice of both medicine and law, resulting in both fields coming to function as forms of popular public entertainment. Finally, it shows how the effects of rhetoric and the deeply rhetorical education of the elite made themselves constantly apparent in both the literature on and the practice of medicine and law. Through case studies in both fields and on each of these topics, together with contextualizing essays, Medicine and the Law Under the Roman Empire suggests that the blanket results of all this were profound. The introduction to the volume argues that medicine was not contrived merely to ensure healing of the infirm by doctors, and law did not single-mindedly aim to regulate society in a consistent, orderly, and binding fashion. Instead, both fields, in the full range of their manifestations, were nested in a complex matrix of social, political, and intellectual crosscurrents, all of which served to shape the very substances of these fields themselves. This poses forward-looking questions: What things might ancient Roman medicine and law have been meant or geared to accomplish in their world? And how might the very substance of Roman medicine and law have been crafted with an eye to fulfilling those peculiarly ancient needs and desires? This book suggests that both fields, in their ancient manifestations, differed fundamentally from their modern counterparts, and must be approached with this fact firmly in mind.

Download or read book Constitutional Paradigms and the Stability of States written by Revd Noel Cox and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe.