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This is the first work devoted to setting the legal system of the early 15th century in its social and political context. Rejecting the traditional view of late medieval England as chronically lawless and violent, Powell emphasizes instead the structural constraints on royal power to enforce the law, and the king's dependence on the cooperation of local society for keeping the peace.
The rationale of the order of Psalms is a puzzle at least as old as Augustine in the fourth century, and Grant (Biblical studies, Highland Theological College, Scotland) does not aspire to solve the whole thing here and now. Rather he bites off only one aspect, a particular paradigm that may have influenced the shape of the Psalms in certain ways.
Provides more than seven hundred alphabetical entries covering the interaction of law and society around the globe, including the sociology of law, law and economics, law and political science, psychology and law, and criminology.
Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.
The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.
Ancient Mesopotamia, the fertile crescent between the Tigris and Euphrates rivers in what is now western Iraq and eastern Syria, is considered to be the cradle of civilization—home of the Babylonian and Assyrian empires, as well as the great Code of Hammurabi. The Code was only part of a rich juridical culture from 2200–1600 BCE that saw the invention of writing and the development of its relationship to law, among other remarkable firsts. Though ancient history offers inexhaustible riches, Dominique Charpin focuses here on the legal systems of Old Babylonian Mesopotamia and offers considerable insight into how writing and the law evolved together to forge the principles of authority, precedent, and documentation that dominate us to this day. As legal codes throughout the region evolved through advances in cuneiform writing, kings and governments were able to stabilize their control over distant realms and impose a common language—which gave rise to complex social systems overseen by magistrates, judges, and scribes that eventually became the vast empires of history books. Sure to attract any reader with an interest in the ancient Near East, as well as rhetoric, legal history, and classical studies, this book is an innovative account of the intertwined histories of law and language.
This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215–1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.
"This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.
The reign of Richard II and the circumstances of his deposition have long been subject to intense debate. This new interpretation of the politics of the late-fourteenth century offers an in-depth survey of Richard's reign from the perspective of one of the leading nobles who came to oppose him, Thomas Beauchamp, the Appellant Earl of Warwick. This is the first full-length study of one of Richard II's opponents to explore not only why the Earl rebelled against the King, but also why Richard lost his throne. Rather than offering the traditional explanation of a subject grown too mighty, Alison Gundy sets Warwick's rule in the context of the political and constitutional framework of the period. The interplay of local and national events helps to reveal Warwick's motives as a long-serving member of the nobility faced with a king determined to rule in a manner contradictory to contemporary political structures.
This book explores the evolution of Roman law and society in Italy from 493, with the proclamation of the Ostrogoth Theoderic the Great as king, until about 554, when the eastern Emperor Justinian was able to re-establish imperial authority in the region. Drawing upon evidence from a variety of legal and historical sources, it investigates how Theoderic and his successors attempted to govern the peninsula in the wake of foreign invasions, the collapse of civic administration, the break-up of the Mediterranean economy, and the emergence of new forms of religious and secular authority. It challenges long-held assumptions as to just how peaceful, prosperous and Roman-like Theoderic's Italy really was. Its primary focus is the Edictum Theoderici, a significant but largely overlooked document that offers valuable historical insights into the complex and sometimes contested social, political and religious changes that marked Italy's passage from Antiquity into the Middle Ages.