Download or read book Droit et coutume en France aux XIIe et XIIIe si cles written by André Gouron and published by Taylor & Francis. This book was released on 2024-10-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume by André Gouron brings together a widely scattered set of articles on Roman law in medieval France and its influence. The first group of papers is concerned with the medieval history of Roman law itself, while the two following sections look at how it contributed to the (perfectionnement) of canon law, on the one hand, and to the emergence of customary law on the other. As the author would see it, there are the three aspects of the inexorable advance, if not of a science, at least of a clear effort towards logical clarification, which revolutionised law in the 12th and 13th centuries, first in southern Europe, but soon in the west and north too. At the same time, these studies help reveal some of the complex network of intellectual links that underlay these developments.
Download or read book Feuding and Peace Making in Eleventh Century France written by Stephen D. White and published by Taylor & Francis. This book was released on 2024-10-28 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume discuss feuding and peacemaking in France during a period extending from the mid-10th to the early 12th century. They treat various aspects of so-called dispute-processing - a term coined by legal anthropologists to refer to the political processes and discursive practices through which conflict is mediated politically, socially, legally, and culturally. Each of the essays can be read both as one element in a larger critique of the theory that a 'feudal revolution' in c.1000 initiated a century-long era of 'feudal anarchy' in France, and as a study on a particular topic in medieval European legal and political history. These include feuding, violence, the emotional dimensions of conflicts among élites, the role of norms and normative argument in disputes, the uses of unilateral ordeals and judicial duels in litigation, and alternative strategies for terminating disputes.
Download or read book The Ile de France Routledge Revivals written by Marc Bloch and published by Routledge. This book was released on 2015-02-20 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in English in 1971, The Ile-de-France presents the reader with a study of the countryside around Paris through the eyes of Marc Bloch, a man with his own view of history. It looks at the area’s origins, extent, geographical features, archaeology, and past local histories. The book extends beyond the region of Paris itself and offers the reader a masterful demonstration of the methodology of such enquiries and their purpose within the wider context of historical research. The work is particularly valuable in that it covers a wide variety of subjects and makes extensive use of archives and original documents.
Download or read book The Cambridge History of Latin American Law in Global Perspective written by Thomas Duve and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.
Download or read book Custom Law and Monarchy written by Marie Seong-Hak Kim and published by Oxford University Press. This book was released on 2021-10-07 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law, royal edicts and ordinances, and judicial decisions. All these sources of law coexisted with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were defining features of the monarchical era. Legal historians have focused on popular custom and its metamorphosis into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, which was an essential element of the absolute monarchy. The achievements of legal humanism brought custom and Roman law together to lay the foundation for a unified French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.
Download or read book The Use of Canon Law in Ecclesiastical Administration 1000 1234 written by and published by BRILL. This book was released on 2018-11-05 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Use of Canon Law in Ecclesiastical Administration, 1000–1234 explores the integration of canon law within administration and society in the central Middle Ages. Grounded in the careers of ecclesiastical administrators, each essay serves as a case study that couples law with social, political or intellectual developments. Together, the essays seek to integrate the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice. The essays therefore both place law into the wider developments of the long twelfth century but also highlight points of continuity throughout the period. Contributors are Greta Austin, Bruce C. Brasington, Kathleen G. Cushing, Stephan Dusil, Louis I. Hamilton, Mia Münster-Swendsen, William L. North, John S. Ott, and Jason Taliadoros.
Download or read book The Mediterranean World of Alfonso II and Peter II of Aragon 1162 1213 written by E. Jenkins and published by Springer. This book was released on 2012-08-06 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering a wide array of sources, this book reveals the tenacity with which Alfonso II (1162-1196) and his son Peter II (1196-1213) of the Crown of Aragon forged a tighter Mediterranean regional network and augmented their regional success.
Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1593 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Download or read book Medieval Public Justice written by Massimo Vallerani and published by CUA Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of essays based on surviving documents of actual court practices from Perugia and Bologna, as well as laws, statutes, and theoretical works from the 12th and 13th centuries, Massimo Vallerani offers important historical insights into the establishment of a trial-based public justice system.
Download or read book The Cosmopolitan State written by H Patrick Glenn and published by OUP Oxford. This book was released on 2013-05-16 with total page 3772 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins. This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human history. Since the nation-state is impossible, all states are cosmopolitan in character. They are cosmopolitan regardless of the language of their constitutions or official teaching and regardless of the extent to which they officially recognize their own diversity. The most successful states are those which are most successful in their own forms of cosmopolitanism. Cosmopolitan ways are infinitely varied, however, and must be sought in the intricate workings of individual states. The cosmopolitan character of states is necessarily reflected in their law. The main instruments of legal cosmopolitanism have been those of common laws, constitutionalism, and what is best described as institutional cosmopolitanism. The relative importance of these legal instruments has changed over time but all three have been constantly operative, even in times of attempted national and territorial closure. All three remain present in the contemporary cosmopolitan state, understood in terms of cosmopolitan citizens, cosmopolitan sources and cosmopolitan thought. The cosmopolitan state is, moreover, the only appropriate conceptualization of the state in a time of globalization. This book outlines the subtlety of the law of cosmopolitan states, law which has survived through periods of nationalism and which provides the working methods for the reconciliation of diverse populations. Combining law, history, political science, political philosophy, international relations, and the new logics, it demonstrates that the idea of the nation-state has failed and should yield to an understanding of the state as necessarily cosmopolitan in character. This will be invaluable reading to all those interested in constitutional law, international law, and political theory.
Download or read book Readers Texts and Compilers in the Earlier Middle Ages written by Martin Brett and published by Routledge. This book was released on 2017-05-15 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the focus but also range of their honorand's work in medieval canon law in the era before Gratian, the essays in this volume explore the creation and transmission of canonical texts and the motives of their compilers but also address the issues of how the law was interpreted and used by diverse audiences in the earlier middle ages, with especial focus on the eleventh and early twelfth centuries. These issues have lain at the heart of Linda Fowler-Magerl's distinguished body of scholarly work on judicial ordines and procedural literature, on the transmission of canonical texts and their formal sources before Gratian, and perhaps most especially her pioneering role in the creation of a database of canon law manuscripts before Gratian now published as Clavis canonum. Linda Fowler-Magerl's work has fundamentally transformed our understanding of canonistic activity in the era before Gratian and its reception across the Church throughout Europe. Individually the scholars whose studies are included in this volume offer new viewpoints on several key issues and questions relating to the creation of canonical texts, the concerns of their compilers and the transmission of their work, as well as the use of such texts by readers with the most various interests in the period. As a whole, the volume contributes to an understanding of the increasing importance of the written law for a far wider circle than Roman reformers and local advocates. These issues are especially highlighted by the editors' introduction.
Download or read book The Perpendiculum Presumptions and Legal Arguments in the 12th Century written by David De Concilio and published by BRILL. This book was released on 2024-10-24 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu. This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
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 The New Cambridge Medieval History c 1024 c 1198 Pt 1 and 2 written by Rosamond McKitterick and published by Cambridge University Press. This book was released on 1995 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Great Christian Jurists in French History written by Olivier Descamps and published by Cambridge University Press. This book was released on 2019-05-16 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: French legal culture, from the Middle Ages to the present day, has had an impressive influence on legal norms and institutions that have emerged in Europe and the Americas, as well as in Asian and African countries. This volume examines the lives of twenty-seven key legal thinkers in French history, with a focus on how their Christian faith and ideals were a factor in framing the evolution of French jurisprudence. Professors Olivier Descamps and Rafael Domingo bring together this diverse group of distinguished legal scholars and historians to provide a unique comparative study of law and religion that will be of value to scholars, lawyers, and students. The collaboration among French and non-French scholars, and the diversity of international and methodological perspectives, gives this volume its own unique character and value to add to this fascinating series.
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 La doctrine canonique m di val written by Jean Gaudemet and published by Taylor & Francis. This book was released on 2024-10-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question these articles seek to respond to, in this fifth collection by Jean Gaudemet to be published by Variorum, is how the intellectual elite of the medieval Church perceived the institutions among which they lived - how they portrayed them, and how they sought to influence them. Whether dealing with the papacy and its place in the Church and the world, with the role of the people in government, or with the position of the individual in society, he would argue that this is the essential question. In their response, this elite drew on the Bible and custom, on Roman law and papal letters, in order that the law could encompass all human experience. To achieve this, these jurists needed to create categories and work out principles, hence the recourse to theology and the necessity for a logical structure, a ’systematization’. Ce volume réunit dix-sept études parues dans diverses revues ou recueils de Mélanges entre 1988 et 1992. Toutes concernent La doctrine canonique médiévale telle qu'elle s'exprime (principalement du VIè au XIIIè siècle) à propos des institutions de l'Eglise et de ses relations avec la société séculière. Comment l'élite intellectuelle des hommes de l'Eglise médiévale a-t-elle perçu les institutions au milieu desquelles elle vivait? Quelle image a-t-elle voulu en donner? Dans quelle voie espérait-elle les orienter? Qu'il s'agisse de la Papauté, de se place dans l'Eglise et dans le Monde, du rôle du Peuple dans le gouvernement, du sort de l'individu dans le group social, de l'entrée dans l'Eglise et de la condition de ceux qui lui restent étrangers, la question reste la même: Comment le droit peut-il saisir l'infinie variété de l'histoire des hommes?
