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 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 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 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 Medieval women and urban justice written by Teresa Phipps and published by Manchester University Press. This book was released on 2020-04-23 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed analysis of women’s involvement in litigation and other legal actions within their local communities in late-medieval England. It draws upon the rich records of three English towns – Nottingham, Chester and Winchester – and their courts to bring to life the experiences of hundreds of women within the systems of local justice. Through comparison of the records of three towns, and of women’s roles in different types of legal action, the book reveals the complex ways in which individual women’s legal status could vary according to their marital status, different types of plea and the town that they lived in. At this lowest level of medieval law, women’s status was malleable, making each woman’s experience of justice unique.
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 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 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.
Download or read book Law Lawyers and Humanism written by John W Cairns and published by Edinburgh University Press. This book was released on 2015-07-27 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a selection of the most cited articles published by Professor John W. Cairns. Essays range from Scots Law from 16th and 17th century Scotland, through to the 18th century influence of Dutch Humanism into the 19th century, a
Download or read book Imprisoning Medieval Women written by Dr Gwen Seabourne and published by Ashgate Publishing, Ltd.. This book was released on 2013-07-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The non-judicial confinement of women is a common event in medieval European literature and hagiography. The literary image of the imprisoned woman, usually a noblewoman, has carried through into the quasi-medieval world of the fairy and folk tale, in which the 'maiden in the tower' is one of the archetypes. Yet the confinement of women outside of the judicial system was not simply a fiction in the medieval period. Men too were imprisoned without trial and sometimes on mere suspicion of an offence, yet evidence suggests that there were important differences in the circumstances under which men and women were incarcerated, and in their roles in relation to non-judicial captivity. This study of the confinement of women highlights the disparity in regulation concerning male and female imprisonment in the middle ages, and gives a useful perspective on the nature of medieval law, its scope and limitations, and its interaction with royal power and prerogative. Looking at England from 1170 to 1509, the book discusses: the situations in which women might be imprisoned without formal accusation of trial; how social status, national allegiance and stage of life affected the chances of imprisonment; the relevant legal rules and norms; the extent to which legal and constitutional developments in medieval England affected women's amenability to confinement; what can be known of the experiences of women so incarcerated; and how women were involved in situations of non-judicial imprisonment, aside from themselves being prisoners.
Download or read book Power and Identity in the Middle Ages written by Huw Pryce and published by Oxford University Press, USA. This book was released on 2007-07-12 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: An engaging collection of thought-provoking essays examining power struggles and political identities in medieval Britain, featuring work from leading historians in the field. Celebrating the work of the late Rees Davies - a towering figure in the historiography of this period - the book focuses on his interests, opening up new perspectives on the political, social, and cultural history of the middle ages.
Download or read book John Gower written by Russell A. Peck and published by Boydell & Brewer. This book was released on 2017 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: New essays on aspects of Gower's poetry, viewed through the lens of the self and beyond.
Download or read book Alexander III 1249 1286 written by Norman H. Reid and published by Birlinn Ltd. This book was released on 2019-05-23 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Saltire Society Scottish History Book of the Year 2019 Presiding over an age of relative peace and prosperity, Alexander III represented the zenith of Scottish medieval kingship. The events which followed his early and unexpected death plunged Scotland into turmoil, and into a period of warfare and internal decline which almost brought about the demise of the Scottish state. This study fills a serious gap in the historiography of medieval Scotland. For many decades, even centuries, Scotland's medieval kingship has been regarded as a close likeness of the English monarchy, having been 'modernised' in that image by the twelfth- and thirteenth-century kings, who had close relationships with their southern counterparts. Recent research has cast doubt on that view, and this examination of Alexander III's reign is based on a view of Scottish kingship which depends on much firmer continuity with its earlier, celtic past. It challenges accepted truth, revealing that the nature of state and government, and the relationships between ruler and subject, were quite different from the previous 'received view'. On the cusp of a dynastic catastrophe which led to economic and political disaster, Alexander III's reign captures a snapshot of Scotland at the end of a period of sustained peace and development: a view of the medieval state as it really was.
Download or read book Medieval Law in Context written by Anthony Musson and published by Manchester University Press. This book was released on 2001-07-06 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an important new perspective on medieval political, legal, and social history in England, Anthony Musson examines how medieval people at all social levels thought about law, justice, politics, and their role in society. He provides a history of judicial developments in the 13th and 14th centuries, while interweaving within each chapter a special focus on different facets of legal culture and experience. This illuminating approach reveals a comprehensive picture of two centuries worth of tremendous social change.
Download or read book Scottish Legal History written by Andrew R. C. Simpson and published by Edinburgh University Press. This book was released on 2017-07-07 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Medieval Women and Urban Justice written by Teresa Phipps and published by . This book was released on 2020-03-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in-depth, comparative study of women's access to justice in medieval English towns. It compares the records of Nottingham, Chester and Winchester and a wide range of legal actions to highlight the variable nature of women's legal status in actions that arose from the complex, messy ties of everyday life.
