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The survival of Germanic law codes affords us invaluable insight into pre­feudal society. The inviolability of custom and the spontaneity of punishment so characteristic of primitive law served to perpetuate a rigid class structure in which the principal crimes were settled by a monetary recompense based on the victim 's social status. The codes reflect the principles of this culture. For example, the murderer of a freeman was required to pay one hundred and sixty solidi to the victim's family, but a slave's life required a payment of only twenty solidi to his owner. In the Introduction to the first English translation of these early medieval codes of law, the Lex Alamannorum and the Lex Baiuvariorum. Rivers provides a history of the Alamans and Bavarians from their migration into the provinces of the Roman Empire and their settlement in southern Germany to their final assimilation into the Carolingian Empire. He discusses the influence of economic conditions, the Church, and the judicial traditions of the Franks and other tribes upon them. His sensible rendering of texts that are nearly twelve centuries old remains as close as possible to the Latin, allowing the laws to speak for themselves. In addition to an introduction Rivers' translation is accompanied by extensive notes that supply historical and editorial information: a glossary of Germanic and Latin terms; a bibliography to the scholarship on the laws and to the literature on Germanic kingdoms in general, and an ample index.
The Introduction to this first English translation of these early medieval law codes, the Lex Alamannorum and the Lex Baiuvariorum, provides a history of the Alamans and Bavarians from their migration into the provinces of the Roman Empire to their final assimilation into the Carolingian Empire.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1984.
Despite growing scepticism concerning the evidentiary value of normative legal sources, scholars continue to mine the legislative acts of ecclesiastical councils for insight into political, religious, and quotidian life in Frankish Gaul. Between the reigns of Clovis and Charlemagne (AD 511-768) at least eighty councils assembled, often on royal command, to discuss issues of concern to the episcopal and clerical attendees. Their published canons were intended to communicate ecclesiastical policy in the Frankish regnum. However, scholars have paid comparatively slight attention to the institution responsible for this body of legislation. This book remedies this lacuna by delineating the functions and modus operandi of the Frankish church council as an administrative body.
The third edition of The Beast Within has been updated throughout to include current scholarship, new discussion of definitions, and fresh perspectives on critical animal theory that places animals, rather than humans, at the center of the discourse. Organized thematically, Salisbury incorporates many new sections and subsections to reveal the multifaceted history of the relationship between humans and animals: domestication, animal diseases and pandemics, dogfights, cockfights, Islamic dietary restrictions, menageries and zoos, and animals as entertainers. To show how modern concerns have been informed by medieval precedents, sections have been expanded to uncover medieval understandings of animal sexuality, animals before the law, and vegetarianism and modern ‘fake meat’. The logical narrative concludes with chapters on ‘Animals as Humans’ and ‘Humans as Animals’, demonstrating that the lines between humans and animals have become increasingly blurred from the fourth to the twenty-first century. With an interdisciplinary approach that discusses humans and animals in relation to domestication, symbolism, science, law, religion, food and diet, sexuality, and entertainment, The Beast Within is an essential resource for all students of animal history, literature, and art in the Middle Ages.
Medieval legal and political thought encompasses the period from approximately 500 CE to 1500 CE. The term “Medieval” refers to the legal and political thought from the time of the late Roman Empire to that of the Renaissance. The legal and political thought of the Middle Ages is overwhelmingly characterized by the increasing role that religion played in influencing politics and law. By the high Middle Ages, we find the great theorists, Averroes, Maimonides, and Aquinas linking law to their respective religions of Islam, Judaism, and Christianity. This book argues that the so-called Dark Ages had very significant ideas about the law, especially how violence is to be contained, which make this early Medieval period anything but “Dark.” It suggests that the Christianization and Islamization of legal and political thought created almost as many problems as solutions to the increasingly diverse times that arose in the middle of the Middle Ages. The book also shows that the late Middle Ages already held many of the most important legal and political ideas of the Renaissance–showing that there was no clear break from the Medieval to the Modern periods of legal and political thought. Of central importance is the way that the development of the idea of conscience made the natural law theories of the Medieval times a robust set of ideas that is still felt quite strongly today.
The primary focus of this collection by leading medieval historians is the laity, in particular the ideas and ideals of lay people. The contributors explore lay attitudes as expressed in legal cases, charters, chronicles and collective activities. Highlights the centrality of kinship, whilst stressing its limitations as an all purpose social bond. Ranges chronologically and geographically from the seventh century to the eve of the Reformation, from Western Britain to papal and urban Italy, from Carolingian dynastic politics to the decline of medieval pilgrimage in the sixteenth century, and from the courts of twelfth-century France to the fifteenth-century wards of London.
Most scholarship in English on the political and social order of early medieval Europe concentrates on the Western Frankish regions. Warren Brown shifts the focus to the East, concentrating on conflicts and their resolutions to learn how a central authority could affect local societies in the Middle Ages. Brown delves into the rich archival materials of eighth- and ninth-century Bavaria, exploring how Bavarians handled conflicts both before and after the absorption of their duchy into the empire of Charlemagne. The ability to follow specific cases in remarkable detail allows Brown to depict the ways the conquered population reacted to the imposition of a new central authority; how that authority and its institutions were able to function in this far-flung outpost of Charlemagne's realm; and how the relationship between royal authority and local processes developed as the Frankish empire unraveled under Charlemagne's heirs. By drawing on the recent work of anthropologists and political scientists on topics such as dispute resolution and the dynamics of conquest and colonization, Brown considers issues larger than the procedures for handling conflict in the early Middle Ages: How could a ruler exercise power without the coercive resources available to the modern state? In what ways can a people respond to military conquest?
The Roman army represented an important social and organizational reference model for the Romano-Barbarian societies, which progressively replaced the Western Empire in the transition from Late Antiquity to Early Middle Ages. The great flexibility of the decision-making and organizational solutions used by the Roman army allowed the ‘new lords’ to readapt them and thus maintain power in early medieval Europe for a long time. From a perspective ranging from political, social and economic history to law, anthropology, and linguistic, this book demonstrates how interesting and fruitful the investigation of this specific cultural imprint can be in order to gain a better understanding of the origins of the civilization that arouse after the fall of the Roman world. Contributors are Francesco Borri, Fabio Botta, Francesco Castagnino, Stefan Esders, Carla Falluomin, Stefano Gasparri, Wolfgang Haubrichs, Soazick Kerneis, Luca Loschiavo, Valerio Marotta, Esperanza Osaba, Walter Pohl, Jean-Pierre Poly, Pierfrancesco Porena, Iolanda Ruggiero, Andrea Trisciuoglio, Andrea A. Verardi, and Ian Wood.