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Discover the rich legal history of Continental Europe with this landmark series. Edited by the Association of American Law Schools, this series covers topics such as Roman law, medieval law, and modern civil law systems. A must-read for anyone interested in legal history or the development of European law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.
This book explores the influence of literacy on eleventh and twelfth-century life and though on social organization, on the criticism of ritual and symbol, on the rise of empirical attitudes, on the relationship between language and reality, and on the broad interaction between ideas and society. Medieval and early modern literacy, Brian Stock argues, did not simply supersede oral discourse but created a new type of interdependence between the oral and the written. If, on the surface, medieval culture was largely oral, texts nonetheless emerged as a reference system both for everyday activities and for giving shape to larger vehicles of interpretation. Even when texts were not actually present, people often acted and behaved as if they were. The book uses methods derived from anthropology, from literary theory, and from historical research, and is divided into five chapters. The first treats the growth and shape of medieval literacy itself. Theo other four look afresh at some of the period's major issues--heresy, reform, the Eucharistic controversy, the thought of Anselm, Abelard, and St. Bernard, together with the interpretation of contemporary experience--in the light of literacy's development. The study concludes that written language was the chief integrating instrument for diverse cultural achievements.