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This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roma
This latest collection of studies by James Brundage deals with the emergence of the profession of canon law and with aspects of its practice in the period from the 12th to the 14th centuries. Substantial numbers of lawyers systematically trained in canon law first appeared in Western Europe during the second half of the 12th, century and in the 13th they began to dominate the hierarchy of the Western church. By 1250 canon law had grown into something more than a profitable occupation: it had become a recognizable profession in the strict meaning of the term as it is still used today. University law faculties trained aspiring canonists in the mysteries of their craft and put them through intellectually demanding exercises that terminated in a formal examination before they received their degrees. Judges in church courts formally admitted them to practice after verifying their educational qualifications and administered prescribed rules of conduct. Particular topics are the canonists' system of legal ethics, the education and training of canon lawyers in university law faculties, and some fundamental features of the professional practice of canon law, both in medieval Europe and in the crusading states of the Levant.
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage’s The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.
The variety of experience available to medieval scholars and the vitality of medieval thought are both reflected in this collection of original essays by distinguished historians. Intellectual Life in the Middle Ages is presented to Margaret Gibson, whose own work has ranged from Boethius to Lanfranc and to the study of the Bible in the middle ages.
The evolution of the office of the ambassador from the primitive messenger (nuncius) through the Roman law procurator to the nearly modern resident ambassador is traced in this study of the ambassador of representative institutions to the relations among states in the Middle Ages. The book makes use of official diplomatic documents, many unpublished, and most of them drawn from archives in Venice, England, and Flanders, reflecting the diplomatic activities of a great Italian city-state, a national monarchy, and a powerful feudal county. Chronicles have been used as supplementary sources, especially when the chronicler was an experienced diplomat, such as Villehardouin or Commines. Originally published in 1967. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
In Public Justice and the Criminal Trial in Late Medieval Italy: Reggio Emilia in the Visconti Age, Joanna Carraway Vitiello examines the criminal trial at the end of the fourteenth century. Inquisition procedure, in which a powerful judge largely controlled the trial process, was in regular use in the criminal court at Reggio. Yet during the period considered in this study, technical procedural developments combined with the political realities of the town to create a system of justice that prosecuted crime but also encouraged dispute resolution. Following the stages of the process, including investigation, denunciation, the weighing of evidence, and the verdict, this study investigates the court’s complex role as a vehicle for both personal justice and prosecution in the public interest.
This collection of original essays by leading historians of political thought examines modern European thinkers' writings about conquest, colonization and empire. The creation of vast transcontinental empires and imperial trading networks played a key role in the development of modern European political thought. The rise of modern empires raised fundamental questions about virtually the entire contested set of concepts that lay at the heart of modern political philosophy, such as property, sovereignty, international justice, war, trade, rights, transnational duties, civilization and progress. From Renaissance republican writings about conquest and liberty to sixteenth-century writings about the Spanish conquest of the Americas through Enlightenment perspectives about conquest and global commerce and nineteenth-century writings about imperial activities both within and outside of Europe, these essays survey the central moral and political questions occasioned by the development of overseas empires and European encounters with the non-European world among theologians, historians, philosophers, diplomats and merchants.