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As the earliest major monument of the customary law in the region to the south and southwest of the Ile de France, the book known as the Etablissements de Saint Louis greatly amplifies our knowledge of feudal and private law in the French kingdom. Frequently cited by legal historians, it has nonetheless remained inaccessible to readers unable to master its difficult Old French. Now, F. R. P. Akehurst presents the text's first English translation, making this vital component of the vernacular law of thirteenth century France available to a wide range of scholars. A hybrid text, the Etablissements was probably compiled by a lawyer around the year 1273. The book takes its name from its first part, a set of nine ordinances of Louis IX giving the rules of procedure for the court of the Chatelet in Paris. The second part, made up of one hundred and sixty-six short chapters, is a collection of the customary laws of the Touraine-Anjou region; the thirty-eight chapters of the third section record the laws of the Orleans region. Whereas the Touraine-Anjou material presents a broad treatment of many aspects of the law, the Orleans customary reveals a preoccupation with problems of jurisdiction in a region where the king and local authorities were in sharp competition for power.
A new understanding of the transformative effect of vernacular writing on customary law in medieval France.
In the last two decades, research on spatial paradigms and practices has gained momentum across disciplines and vastly different periods, including the field of medieval studies. Responding to this ’spatial turn’ in the humanities, the essays collected here generate new ideas about how medieval space was defined, constructed, and practiced in Europe, particularly in France. Essays are grouped thematically and in three parts, from specific sites, through the broader shaping of territory by means of socially constructed networks, to the larger geographical realm. The resulting collection builds on existing scholarship but brings new insight, situating medieval constructions of space in relation to contemporary conceptions of the subject.
This concise intellectual history of the law offers an accessible introduction to the ideas and contexts of law from ancient Babylon to eighteenth-century Europe. Robert W. Shaffern examines a rich array of sources to illuminate ideas about law and justice in Western civilization. He identifies four main sources for traditional jurisprudence—the civilizations of the Fertile Crescent and classical Athens, the legal legacy of ancient Rome, the legal traditions of the Middle Ages, and developments in early modern Europe. By focusing on the recurring issues and historical contexts of the law, the author shows the extensive influence earlier sources had on the later development of Western law. For instance, the ancient code of Hammurabi pledged to obtain justice for the "widow and the orphan," a phrase that appeared again in later laws. Also, the tragedies of Aeschylus insisted that private individuals pursue vengeance, but government judiciaries upheld justice, an idea that the early modern European monarchies advanced when they promulgated new codes of criminal law. Additionally, Roman, medieval, and modern jurists all believed that natural law theory served as a rational criterion for legislators and judges. Throughout the span of centuries covered in the text, governments used law to regulate or monopolize the employment of violence. Designed to introduce undergraduates to the significant developments and ideas about the law and justice, this book will be invaluable for courses on the history of law and jurisprudence.