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The use of ordeals and sworn oaths to prove one's innocence invites trickery. The guilty trickster cannot influence the judgment of the divine powers, but he can--by disguise or by equivocation in wording the oath--create a presumption of innocence. Ralph Hexter surveys the varieties of such stories in a number of folk literatures and looks at the use of this motif in three important medieval story cycles, with special attention to the way Christian writers handled story material based on a pre-Christian act of truth.
Contributions to this Festschrift for the renowned American legal and literary scholar William Ian Miller reflect the extraordinary intellectual range of the honorand, who is equally at home discussing legal history, Icelandic sagas, English literature, anger and violence, and contemporary popular culture. Professor Miller's colleagues and former students, including distinguished academic lawyers, historians, and literary scholars from the United States, Canada, and Europe, break important new ground by bringing little-known sources to a wider audience and by shedding new light on familiar sources through innovative modes of analysis. Contributors are Stuart Airlie, Theodore M. Andersson, Nora Bartlett, Robert Bartlett, Jordan Corrente Beck, Carol J. Clover, Lauren DesRosiers, William Eves, John Hudson, Elizabeth Papp Kamali, Kimberley-Joy Knight, Simon MacLean, M.W. McHaffie, Eva Miller, Hans Jacob Orning, Jamie Page, Susanne Pohl-Zucker, Amanda Strick, Helle Vogt, Mark D. West, and Stephen D. White.
This book is about the place of pedagogy and the role of intellectuals in medieval dissent. Focusing on the medieval English heresy known as Lollardy, Rita Copeland places heretical and orthodox attitudes to learning in a long historical perspective that reaches back to antiquity. She shows how educational ideologies of ancient lineage left their imprint on the most sharply politicized categories of late medieval culture, and how radical teachers transformed inherited ideas about classrooms and pedagogy as they brought their teaching to adult learners. The pedagogical imperatives of Lollard dissent were also embodied in the work of certain public figures, intellectuals whose dissident careers transformed the social category of the medieval intellectual. Looking closely at the prison narratives of two Lollard preachers, Copeland shows how their writings could serve as examples for their fellow dissidents and forge a new rapport between academic and non-academic communities.
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.
Well after the condemnation of ordeals by the Fourth Lateran Council, the Kunigunde legend preserves the ordeal by fire in a sort of hagiographic amber, much as it was portrayed in the mid-twelfth-century Richardis legend, while Stricker's short secular burlesque "The Hot Iron," written in the mid-thirteenth century, makes sport of this formerly serious legal proceeding, reflecting the almost immediate abandonment of trial by fire as a legal proof in many areas after the council's decision."
Using a variety of texts, but the Matter of England romances in particular, the author argues that they show a continued interest in the Anglo-Saxon past, from the localised East Sussex legend of King Alfred that underlies the twelfth-century Proverbs of Alfred, to the institutional interest in the Guy of Warwick narrative exhibited by the community of St Swithun's Priory in Winchester during the fifteenth century; they are part of a continued cultural remembrance that encompasses chronicles, folk memories, and literature."--BOOK JACKET.
This new edition makes available to students of English romance and of the Matter of Britain two significant Middle English Arthurian romances: Lancelot of the Laik and Sir Tristrem. The former, a late fifteenth century romance, tells of the adventures of Lancelot, bearing many similarities to the Vulgate Prose Lancelot, but also includes a lengthy section of political advice. The latter is an uncourtly, parodic poem about the knight Tristrem. With its introductions, glosses, notes, and glossary, this accessible edition enables students to enrich their sense of the texture of English treatments of the vast body of legends that grew around the court of Arthur.
Originally published in 1988, this volume contains papers from, and commissioned after, "The Passing of Arthur", a conference on Medieval and Renaissance Studies in November 1986. No Arthurian story is experienced without some foreknowledge of its end, which the text acknowledges through a complex range of methods. This collection takes this as its point of origin, suggesting that all such narratives concern the passing of Arthur, even indirectly, so the chapters not only look at the death of Arthur but the passing on and development of the Arthurian literature. The figure of Arthur and the Round Table continues to fascinate contemporary readers. This interesting collection presents a wide range of Arthurian studies approaches representing some of the vast scholarship on the genre.
This arrestingly novel work develops a normative synthesis of medical humanities, virtue ethics, medical ethics, health law and human rights. It presents an ambitious, complex and coherent argument for the reconceptualisation of the doctor-patient relationship and its regulation utilising approaches often thought of as being separate, if not opposed (virtue-based ethics and universal human rights). The case is argued gracefully, with moderation, but also with respect for opposing positions. The book's analysis of the foundational professional virtue of therapeutic loyalty is an original departure from the traditional discourse of "patient autonomy," and the ethical and legal "duties" of the medical practitioner. The central argument is not merely presented, as bookends, in the introduction and conclusion. It is cogently represented in each chapter and section and measured against the material considered. A remarkable feature is the use of aptly selected "canonical" literature to inform the argument. These references run from Hesse's "The Glass Bead Game" in the abstract, to Joyce's "Ulysses" in the conclusion. They include excerpts from and discussion about Bergman, Borges, Boswell, Tolstoy, de Beauvoir, Chekhov, Dostoevsky, Samuel Johnson, Aristotle, Orwell, Osler, Chaucer, Schweitzer, Shakespeare, Thorwalds, Kafka and William Carlos Williams. Such references are used not merely as an artistic and decorative leitmotif, but become a critical, narrative element and another complex and rich layer to this work. The breadth and quality of the references are testimony to the author's clear understanding of the modern law and literature movement. This work provides the basis of a medicalschool course. As many medical educators as possible should also be encouraged to read this work for the insights it will give them into using their own personal life narratives and those of their patients to inform their decision-making process. This thesis will also be of value to the judiciary, whose members are often called upon to make normatively difficult judgments about medical care and medical rules. The human rights material leads to a hopeful view of an international movement toward a universal synthesis between medical ethics and human rights in all doctor-patient relationships.
The sacred and the secular in medieval literature have too often been perceived as opposites, or else relegated to separate but unequal spheres. In Medieval Crossover: Reading the Secular against the Sacred, Barbara Newman offers a new approach to the many ways that sacred and secular interact in medieval literature, arguing that (in contrast to our own cultural situation) the sacred was the normative, unmarked default category against which the secular always had to define itself and establish its niche. Newman refers to this dialectical relationship as "crossover"—which is not a genre in itself, but a mode of interaction, an openness to the meeting or even merger of sacred and secular in a wide variety of forms. Newman sketches a few of the principles that shape their interaction: the hermeneutics of "both/and," the principle of double judgment, the confluence of pagan material and Christian meaning in Arthurian romance, the rule of convergent idealism in hagiographic romance, and the double-edged sword in parody. Medieval Crossover explores a wealth of case studies in French, English, and Latin texts that concentrate on instances of paradox, collision, and convergence. Newman convincingly and with great clarity demonstrates the widespread applicability of the crossover concept as an analytical tool, examining some very disparate works. These include French and English romances about Lancelot and the Grail; the mystical writing of Marguerite Porete (placed in the context of lay spirituality, lyric traditions, and the Romance of the Rose); multiple examples of parody (sexually obscene, shockingly anti-Semitic, or cleverly litigious); and René of Anjou's two allegorical dream visions. Some of these texts are scarcely known to medievalists; others are rarely studied together. Newman's originality in her choice of these primary works will inspire new questions and set in motion new fields of exploration for medievalists working in a large variety of disciplines, including literature, religious studies, history, and cultural studies.