Download or read book Law Sex and Christian Society in Medieval Europe written by James A. Brundage and published by University of Chicago Press. This book was released on 2009-02-15 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History
Download or read book Seigneurial Jurisdiction written by Lloyd Bonfield and published by . This book was released on 2000 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the aim of this collection of reports to establish a basis for comparing various seigneurial courts in pre-modern Europe. The contributors are largely medievalists.To come to terms with the subject, a defintion of courts which were seigneurial, given the variety of legal heritages, had to be set up. One of the first observations made was that on the Continent, where central courts were less prominent, there appears to be a more flexible notion of seigneurial jurisdiction. The contributors then look at the variety of jurisdictions in which lords in medieval and early modern Europe governed the legal relations of their vassals. Also the seigneurial jurisdiction is placed within its national context as one variety of courts which co-existed with other forums. Next the authors observe the origin and nature of substantive law which was implemented in the courts. Finally, focus is put on procedure. In England the medieval period witnessed considerable developments in the way in which cases came before the manorial court and how proof of the compainant's claim was ascertained.The reports provide a framework for further study. They demonstrate similarities and differences between seigneurial jurisdictions in England and on the Continent. One significant observation is that seigneurial jurisdictions seemed to have survived longer on the Continent than in England. Moreover, Continental seigneurial courts seemed to have serviced a broader strata of society. Yet, what is perhaps most striking are the similarities in procedure and in the process of custom making which the collected reports uncover.
Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
Download or read book The Medieval Foundations of International Law written by Dante Fedele and published by BRILL. This book was released on 2021-04-26 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).
Download or read book The Cambridge Companion to Medieval English Law and Literature written by Candace Barrington and published by Cambridge University Press. This book was released on 2019-08-08 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book Marriage Litigation in Medieval England written by Helmholz and published by Cambridge University Press. This book was released on 2007-03-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.
Download or read book Courts of Chivalry and Admiralty in Late Medieval Europe written by Anthony Musson and published by . This book was released on 2018-05-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A multi-disciplinary approach to two of the most important legal institutions of the Middle Ages.
Download or read book Felony and the Guilty Mind in Medieval England written by Elizabeth Papp Kamali and published by Cambridge University Press. This book was released on 2019-08 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
Download or read book Law and Language in the Middle Ages written by and published by BRILL. This book was released on 2018-07-10 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.
Download or read book When Should Law Forgive written by Martha Minow and published by W. W. Norton & Company. This book was released on 2019-09-24 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.
Download or read book The History of Medieval Canon Law in the Classical Period 1140 1234 written by Wilfried Hartmann and published by CUA Press. This book was released on 2008 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.
Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Download or read book The Laws of Late Medieval Italy 1000 1500 written by Mario Ascheri and published by BRILL. This book was released on 2013-07-11 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Download or read book The Crossroads of Justice written by Esther Cohen and published by BRILL. This book was released on 1993 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the cultural and social functions of law, legal processes and legal rituals in late medieval northern France. It interprets the various influences upon the shaping of law as a cultural manifestation and its application as an actual system of justice.
Download or read book Power and Justice in Medieval England written by Joshua C. Tate and published by Yale University Press. This book was released on 2022-01-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.
