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Outlawry, Governance, and Law in Medieval England evaluates the role of exclusionary practices, namely outlawry, in law and governance in England from the tenth through the thirteenth centuries. This book is essential reading for scholars in this field but also highly recommended for courses that assess medieval law and the practice of outlawry as well as the development of English Common Law.
The inhabitants of early medieval Britain and Ireland shared the knowledge that the region held four peoples and the awareness that they must have originally come from 'elsewhere'. The Origin Legends of Early Medieval Britain and Ireland studies these peoples' origin stories, an important genre that has shaped national identity and collective history from the early medieval period to the present day. These multilingual texts share many common features that repay their study as a genre, but have previously been isolated as four disparate traditions and used to argue for the long roots of current nationalisms. Yet they were not written or read in isolation during the medieval period. Individual narratives were in constant development, written and rewritten to respond to other texts. This book argues that insular origin legends developed together to flesh out the history of the insular region as a whole.
Excommunication was the medieval churchâs most severe sanction, used against people at all levels of society. It was a spiritual, social, and legal penalty. Excommunication in Thirteenth-Century England offers a fresh perspective on medieval excommunication by taking a multi-dimensional approach to discussion of the sanction. Using England as a case study, Felicity Hill analyzes the intentions behind excommunication; how it was perceived and received, at both national and local level; the effects it had upon individuals and society. The study is structured thematically to argue that our understanding of excommunication should be shaped by how it was received within the community as well as the intentions of canon law and clerics. Challenging past assumptions about the inefficacy of excommunication, Hill argues that the sanction remained a useful weapon for the clerical elite: bringing into dialogue a wide range of source material allows âeffectivenessâ to be judged within a broader context. The complexity of political communication and action are revealed through public, conflicting, accepted and rejected excommunications. Excommunication could be manipulated to great effect in political conflicts and was an important means by which political events were communicated down the social strata of medieval society. Through its exploration of excommunication, the book reveals much about medieval cursing, pastoral care, fears about the afterlife, social ostracism, shame and reputation, and mass communication.
'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.
A fresh and sympathetic investigation of the depiction of wolves in early medieval literature, recuperating their reputation.
Continuing the Society's commitment to historical and interdisciplinary research from the early and central Middle Ages, interrogating primary documents to yield new insights into our understanding of the past.
One of the world's leading law journals is available in quality ebook formats. This issue of The Yale Law Journal (the third of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: • John H. Langbein, "The Disappearance of Civil Trial in the United States" • Daniel E. Ho, "Fudging the Nudge: Information Disclosure and Restaurant Grading" • Saul Levmore & Ariel Porat, "Asymmetries and Incentives in Plea Bargaining and Evidence Production" The issue also includes extensive student research on targeted killings of international outlaws, Confrontation Clause jurisprudence as implemented in lower courts, and the implied license doctrine of copyright law as applied to news aggregators. Ebook formatting includes linked footnotes and an active Table of Contents (including linked Tables of Contents for all individual articles and essays), as well as active URLs in notes and extensive tables, and properly presented figures and tables.
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- ACKNOWLEDGMENTS -- INTRODUCTION -- ONE: Restricting Private Warfare -- TWO: Coroners and Communities -- THREE: Proving the Case -- FOUR: One Concept of Justice -- FIVE: Economic Interest and the Oversight of Violence -- SIX: The Changing Nature of Control -- SEVEN: A Crisis of Violence? -- EIGHT: Legislation, Incentivization, and a New System of Oversight -- CONCLUSION -- NOTES -- INDEX -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- W -- Y
Robin Hood is one of the most enduring and well-known figures of English folklore. Yet who was he really? In this intriguing book, Lesley Coote reexamines the early tales about Robin in light of the stories, both English and French, that have grown up around them—stories with which they shared many elements of form and meaning. In the process, she returns to questions such as where did Robin come from, and what did these stories mean? The Robin who reveals himself is as spiritual as he is secular, and as much an insider as he is an outlaw. And in the context of current debates about national identity and Britain’s relationship with the wider world, Robin emerges to be as European as he is English—or perhaps, as Coote suggests, that is precisely the quality which made him fundamentally English all along.
At the height of the Middle Ages, a peculiar system of perpetual exile—or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out to felons for crimes deserving of severe corporal punishment or death. From England to France explores the lives of these men and women who were condemned to abjure the English realm, and draws on their unique experiences to shed light on a medieval legal tradition until now very poorly understood. William Chester Jordan weaves a breathtaking historical tapestry, examining the judicial and administrative processes that led to the abjuration of more than seventy-five thousand English subjects, and recounting the astonishing journeys of the exiles themselves. Some were innocents caught up in tragic circumstances, but many were hardened criminals. Almost every English exile departed from the port of Dover, many bound for the same French village, a place called Wissant. Jordan vividly describes what happened when the felons got there, and tells the stories of the few who managed to return to England, either illegally or through pardons. From England to France provides new insights into a fundamental pillar of medieval English law and shows how it collapsed amid the bloodshed of the Hundred Years' War.