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This volume offers the first comprehensive account of the monetary logic that guided the payment of wergild and blood money in early medieval conflict resolution. In the early middle ages, wergild played multiple roles: it was used to measure a person’s status, to prevent and end conflicts, and to negotiate between an individual and the agents of statehood. This collection of interlocking essays by historians, philologists and jurists represents a major contribution to the study of law and society in Western Europe during the early Middle Ages. Contributors are Lukas Bothe, Warren Brown, Stefan Esders, Wolfgang Haubrichs, Paul Hyams, Tom Lambert, Ralph W. Mathisen, Rob Meens, Han Nijdam, Lisi Oliver, Harald Siems, Karl Ubl, and Helle Vogt. See inside the book.
A set of essays intended to recognize the scholarship of Professor Cynthia Neville, the papers gathered here explore borders and boundaries in medieval and early modern Britain. Over her career, Cynthia has excavated the history of border law and social life on the frontier between England and Scotland and has written extensively of the relationships between natives and newcomers in Scotland’s Middle Ages. Her work repeatedly invokes jurisdiction as both a legal and territorial expression of power. The essays in this volume return to themes and topics touched upon in her corpus of work, all in one way or another examining borders and boundaries as either (or both) spatial and legal constructs that grow from and shape social interaction. Contributors are Douglas Biggs, Amy Blakeway, Steve Boardman, Sara M. Butler, Anne DeWindt, Kenneth F. Duggan, Elizabeth Ewan, Chelsea D.M. Hartlen, K.J. Kesselring, Tom Lambert, Shannon McSheffrey, and Cathryn R. Spence.
Archbishop Wulfstan of York (d. 1023) is among the most important legal and political thinkers of the early Middle Ages. A leading ecclesiastic, innovative legislator, and influential royal councilor, Wulfstan witnessed firsthand the violence and social unrest that culminated in the fall of the English monarchy before the invading armies of Cnut in 1016. In his homilies and legal tracts, Wulfstan offered a searing indictment of the moral failings that led to England’s collapse and formulated a vision of an ideal Christian community that would influence English political thought long after the Anglo-Saxon period had ended. These works, many of which have never before been available in modern English, are collected here for the first time in new, extensively annotated translations that will help readers reassess one of the most turbulent periods in English history and re-evaluate the career of Anglo-Saxon England’s most important political visionary.
Starting from manuscripts compiled for local priests in the Carolingian period, this book investigates the way in which pastoral care took shape at the local levels of society. They show what illiterate lay people learned about their religion, but also what priests themselves knew. The Carolingian royal dynasty, which ruled over much of Europe in the eighth and ninth century, is well-known for its success in war, patronage of learning and its ambitious style of rulership. A central theme in their plans for the future of their kingdom was to ensure God's everlasting support, and to make sure that all inhabitants – down to the last illiterate farmer – reached eternal life in heaven. This book shows how the ideal of leading everybody to salvation was a central element of Carolingian culture. The grass-roots approach shows how early medieval religion was anything but uniform, how it encompassed all spheres of daily life and how well-educated local priests did not only know how to baptise and preach, but could also advise on matters concerning health, legal procedure and even the future. This volume is of great use to upper-level undergraduates, postgraduates and scholars interested in the ecclesiastical history of Europe in the Carolingian period.
Explores the lives of the early medieval laity beyond the interactions with churches and monasteries that dominate most of our sources.
Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King Æthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.
This book discusses how human lives are equated with the material, and argues that pricing lives lies at the core of the political; in fact, as in Plato or Hobbes, and in the Weberian ethics of responsibility, measurement is considered to be one of its central features. Ariel Colonomos argues that this measure relies primarily on human lives and interests, and that the material equivalence to lives is twofold. The equivalence is a double equation, as we pay for lives and we pay with lives. This double equation constitutes the measurement upon which the political equilibrium of a society depends and is thus a key constitutive part of the political. The book adopts two approaches, both with an interdisciplinary perspective: one explanatory and the other normative. First, it explains the nexus between existential goods and material goods, drawing on a detailed analysis of several case studies from contemporary politics, both domestic and international. Second, it discusses normatively the material valuation of human lives and the human value of material goods. Value attribution and the question of the material equivalent to lives are of relevance not only for political theory and philosophy, but also for sociology, history, international relations, and legal studies.
This book covers a wide range of topics related to honor and shame in European historical societies: history of law and literature, social and ancient history, as well as theoretical contributions on the state of research and the importance of honor and shame in traditional societies. Honor and shame in Western History brings together 14 texts of interdisciplinary scholars from Europe and North America. It covers a wide range of topics related to honor and shame in historical societies. The contributions cover periods of Western history from Greek and Roman times to the nineteenth century and many of them integrate the concept of a "deep history" of honor and shame in social interaction. The book is essential for a broad audience interested in social history and the history of emotions.
Introduction to Medieval Europe 300–1500 provides a comprehensive survey of this complex and varied formative period of European history within a global context, covering themes as diverse as barbarian migrations, the impact of Christianisation, the formation of nations and states, the emergence of an expansionist commercial economy, the growth of cities, the Crusades, the effects of plague and the intellectual and cultural dynamism of the Middle Ages. The book explores the driving forces behind the formation of medieval society and the directions in which it developed and changed. In doing this, the authors cover a wide geographic expanse, including Western interactions with the Byzantine Empire, the Islamic World, North Africa and Asia. This fourth edition has been fully updated to reflect moves toward teaching the Middle Ages in a global context and contains a wealth of new features and topics that help to bring this fascinating era to life, including: West Europe’s catching up through intensive exchange with the Mediterranean Islamic world growth of autonomous cities and civic liberties emergence of an empirical and rational worldview climate change and intercontinental pandemics European exchange with Africa and Asia chapter introductions to support students’ understanding of the topics a fully updated glossary to give modern students the confidence and language to discuss medieval history Clear and stimulating, the fourth edition of Introduction to Medieval Europe is the ideal companion to studying the entirety of medieval history at undergraduate level.
Jury nullification, in its simplest definition, occurs when a jury returns a not guilty verdict for a defendant it believes to be legally guilty of the crime charged. To put this explicitly, a jury nullifies when, despite believing both a) that the defendant did, beyond a reasonable doubt, commit the act/omission in question, and b) that such behavior is, in fact, prohibited by law, nevertheless declares the defendant innocent. This book explores the specifically philosophical aspects of the phenomenon. Is jury nullification a right? A power? A mere ability? A privilege? A pernicious form of juror malfeasance? Is a system that allows for jury nullification more, or less just, than one that does not? This important book fills a gap in the current scholarship around jury nullification, which, for the most part, has been confined to purely doctrinal analyses, rather than the broader ethical, social, political, and philosophical contours of this issue.