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Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.
Sovereignty, law, and the relationship between them are now among the most compelling topics in history, philosophy, literature and art. Some argue that the state's power over the individual has never been more complete, while for others, such factors as globalization and the internet are subverting traditional political forms. This book exposes the roots of these arguments in the Middle Ages and Renaissance. The thirteen contributions investigate theories, fictions, contestations, and applications of sovereignty and law from the Anglo-Saxon period to the seventeenth century, and from England across western Europe to Germany, France, Italy, and Spain. Particular topics include: Habsburg sovereignty, Romance traditions in Arthurian literature, the duomo in Milan, the political theories of Juan de Mariana and of Richard Hooker, Geoffrey Chaucer's legal problems, the accession of James I, medieval Jewish women, Elizabethan diplomacy, Anglo-Saxon political subjectivity, and medieval French farce. Together these contributions constitute a valuable overview of the history of medieval and Renaissance law and sovereignty in several disciplines. They will appeal to not only to political historians, but also to all those interested in the histories of art, literature, religion, and culture.
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.
The first systematic examination of the expectations people had of the law in the middle ages.
Professor Bellamy places the theory of treason in its political setting and analyses the part it played in the development of legal and political thought in this period. He pays particular attention to the Statute of Treason of 1352, an act with a notable effect on later constitutional history and which, in the opinion of Edward Coke, had a legal importance second only to that of Magna Carta. He traces the English law of treason to Roman and Germanic origins, and discusses the development of royal attitudes towards rebellion, the judicial procedures used to try and condemn suspected traitors, and the interaction of the law of treason and constitutional ideas.
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
An examination of the barbarian laws in Carolingian Europe, contributing to debates concerning written law, kingship and ethnic identities.
In 500, the legal order in Europe was structured around ancient customs, social practices and feudal values. By 1500, the effects of demographic change, new methods of farming and economic expansion had transformed the social and political landscape and had wrought radical change upon legal practices and systems throughout Western Europe. A Cultural History of Law in the Middle Ages explores this change and the rich and varied encounters between Christianity and Roman legal thought which shaped the period. Evolving from a combination of religious norms, local customs, secular legislations, and Roman jurisprudence, medieval law came to define an order that promoted new forms of individual and social representation, fostered the political renewal that heralded the transition from feudalism to the Early Modern state and contributed to the diffusion of a common legal language. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Middle Ages presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.
Originally published in 1966. The Individual and Society in the Middle Ages, based on three guest lectures given at Johns Hopkins University in 1965, explores the place of the individual in medieval European society. Looking at legal sources and political ideology of the era, Ullmann concludes that, for most of the Middle Ages, the individual was defined as a subject rather than a citizen, but the modern concept of citizenship gradually supplanted the subject model from the late Middle Ages onward. Ullmann lays out the theological basis of the political theory that cast the medieval individual as an inferior, abstract subject. The individual citizen who emerged during the late Middle Ages and the Renaissance, by contrast, was an autonomous participant in affairs of state. Several intellectual trends made this humanistic conception of the individual possible, among them the rehabilitation of vernacular writing during the thirteenth century and the growing interest in nature, natural philosophy, and natural law. However, Ullmann points to feudalism as the single most important medieval institution that laid the groundwork for the emergence of the modern citizen.