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This is a collection of original essays on the settlement of disputes in the early middle ages, a subject of central importance for social and political history. Case material, from the evidence of charters, is used to reveal the realities of the settlement process in the behaviour and interactions of people - instead of the prescriptive and idealised models of law-codes and edicts. The book is not therefore a technical study of charters evidence. The geographical range across Europe is unusually wide, which allows comparison across differing societies. Frankish material is inevitably prominent, but the contributors have sought to integrate Celtic, Greek, Italian and Spanish material into the mainstream of the subject. Above all, the book aims to 'demystify' the study of early medieval law, and to present a radical reappraisal of established assumptions about law and society.
Conflict is defined here broadly and inclusively as an element of social life and social relations. Its study encompasses the law, not just disputes concerning property, but wider issues of criminality, coercion and violence, status, sex, sexuality and gender, as well as the phases and manifestations of conflict and the behaviors brought to bear on it. It engages, too, with the nature of the transformation spanning the Carolingian period, and its implications for the meanings of power, violence, and peace. Conflict in Medieval Europe represents the 'American school' of the study of medieval conflict and social order. Framed by two substantial historiographical and conceptual surveys of the field, it brings together two generations of scholars: the pioneers, who continue to expand the research agenda; and younger colleagues, who represent the best emerging work on this subject. The book therefore both marks the trajectory of conflict studies in the United States and presents a set of original, highly individual contributions across a shifting conceptual range, indicative of a major transition in the field.
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?
Making Early Medieval Societies explores a fundamental question: what held the small- and large-scale communities of the late Roman and early medieval West together, at a time when the world seemed to be falling apart? Historians and anthropologists have traditionally asked parallel questions about the rise and fall of empires and how societies create a sense of belonging and social order in the absence of strong governmental institutions. This book draws on classic and more recent anthropologists' work to consider dispute settlement and conflict management during and after the end of the Roman Empire. Contributions range across the internecine rivalries of late Roman bishops, the marital disputes of warrior kings, and the tension between religious leaders and the unruly crowds in western Europe after the first millennium - all considering the mechanisms through which conflict could be harnessed as a force for social stability or an engine for social change.
Making Early Medieval Societies explores a fundamental question: what held the small- and large-scale communities of the late Roman and early medieval West together, at a time when the world seemed to be falling apart? Historians and anthropologists have traditionally asked parallel questions about the rise and fall of empires and how societies create a sense of belonging and social order in the absence of strong governmental institutions. This book draws on classic and more recent anthropologists' work to consider dispute settlement and conflict management during and after the end of the Roman Empire. Contributions range across the internecine rivalries of late Roman bishops, the marital disputes of warrior kings, and the tension between religious leaders and the unruly crowds in western Europe after the first millennium - all considering the mechanisms through which conflict could be harnessed as a force for social stability or an engine for social change.
The barbarian law codes, compiled between the sixth and eighth centuries, were copied remarkably frequently in the Carolingian ninth century. They provide crucial evidence for early medieval society, including the settlement of disputes, the nature of political authority, literacy, and the construction of ethnic identities. Yet it has proved extremely difficult to establish why the codes were copied in the ninth century, how they were read, and how their rich evidence should be used. Thomas Faulkner tackles these questions more systematically than ever before, proposing new understandings of the relationship between the making of law and royal power, and the reading of law and the maintenance of ethnic identities. Faulkner suggests major reinterpretations of central texts, including the Carolingian law codes, the capitularies adding to the laws, and Carolingian revisions of earlier barbarian and Roman laws. He also provides detailed analysis of legal manuscripts, especially those associated with the leges-scriptorium.
SigurðssonDisputes and How to Avoid Them - Custom and Charters in England During the Long 12th-Century - af Paul HyamsDispute, Procedure and Sanction - Some Remarks on Dispute Settlement in Swedish Medieval Laws - af Pia Letto-VanamoThe Use of Mediation and Arbitration in the Legal Revolution of 13th-Century Denmark - af Per AndersenThe Appellate Jurisdiction, the Emperor and the City - Republics in Early 13th-Century Northern Italy - af Gianluca RaccagniThe Practice of Legal Consulting and the Policy of Law in Late Medieval Dalmatia - af Nella LonzaInterdict, Conflict Resolution and the Competition for Power in the Episcopal Seigneuries of Laon and Reims (C. 1100) - af Frederik KeygnaertCompeting Institutions and Dispute Settlement in Medieval England - af Joshua C. TateChurch, State and Family in John Calvin?s Geneva - Domestic Disputes and Sex Crimes in Geneva?s Consistory and Council - af John Witte, Jr. Litigating Abroad - Merchant?s Expectations Regarding Procedure Before Foreign Courts According to the Hanseatic Privileges (12TH-16TH C.) - af Albrecht CordesContributors.
Disputes, discord and reconciliation were fundamental parts of the fabric of communal living in early modern Europe. This edited volume presents essays on the cultural codes of conflict and its resolution in this period under three broad themes: peacemaking as practice; the nature of mediation and arbitration; and the role of criminal law in conflicts. Through an exploration of conflict and peacemaking, this volume provides innovative accounts of state formation, community and religion in the early modern period.
The essays in this volume discuss feuding and peacemaking in France during a period extending from the mid-10th to the early 12th century. They treat various aspects of so-called dispute-processing - a term coined by legal anthropologists to refer to the political processes and discursive practices through which conflict is mediated politically, socially, legally, and culturally. Each of the essays can be read both as one element in a larger critique of the theory that a 'feudal revolution' in c.1000 initiated a century-long era of 'feudal anarchy' in France, and as a study on a particular topic in medieval European legal and political history. These include feuding, violence, the emotional dimensions of conflicts among élites, the role of norms and normative argument in disputes, the uses of unilateral ordeals and judicial duels in litigation, and alternative strategies for terminating disputes.