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F. R. P. Akehurst provides the first English translation of the complete text of Coutumes, the customary law of Clermont in the Beauvais region as it was practiced and understood in the late thirteenth century. The Coutumes de Beauvaisis provides a unique perspective on thirteenth-century civil and criminal trials.
Collections of local customary laws, or coutumes, played an important role in the development of modern French law and influenced legal development in the French colonies, including Louisiana. This handsome bibliography of one of the finest collections in the world, which contains seven color plates, is the standard guide. Beginning with general collections, it surveys coutumiers from the central, western, northern and eastern regions. The final section compiles coutumes of Written Law Regions (Pays de Droit Ecrit), such as Bordeaux and Toulouse. The volume is rounded off with a useful collection of appendixes: a glossary of geographic terms, a list of French rulers and a list of Holy Roman Emperors. It also has an index of names, an index of authors and compilers and an index of printers, publishers and vendors.
Were aristocratic women in medieval France little more than appendages to patrilineal families, valued as objects of exchange and necessary only for the production of male heirs? Such was the view proposed by the great French historian Georges Duby more than three decades ago and still widely accepted. In Aristocratic Women in Medieval France another model is put forth: women of the landholding elite—from countesses down to the wives of ordinary knights—had considerable rights, and exercised surprising power. The authors of the volume offer five case studies of women from the mid-eleventh through the thirteenth centuries, and from regions as diverse as Blois-Chartres, Champagne, Flanders, and Occitania. They show not only the diversity of life experiences these women enjoyed but the range of social and political roles open to them. The ecclesiastical and secular sources they mine confirm that women were regarded as full members of both their natal and affinal families, were never excluded from inheriting and controlling property, and did not have their share of family property limited to dowries. Women across France exchanged oaths for fiefs and assumed responsibilities for enfeoffed knights. As feudal lords, they settled disputes involving vassals, fortified castles, and even led troops into battle. Aristocratic Women in Medieval France clearly shows that it is no longer possible to depict well-born women as powerless in medieval society. Demonstrating the importance of aristocratic women in a period during which they have been too long assumed to have lacked influence, it forces us to reframe our understanding of the high Middle Ages.
How law is made, how governance works, and the response of the governed remain crucial modern questions whose roots in many parts of the world reach deep into the past of medieval England. Scholars have long discussed these issues and new perspectives regularly emerge. This volume brings together contemporary views from leaders in the field and from younger scholars, both historians and literary critics. Classic themes and incidents are creatively revisited and new avenues of approach are suggested.
Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.
This volume addresses the widespread medieval phenomenon of transgression as both a result of and the cause for the exclusion and persecution of those who were considered different. It is widely accepted that the essence of a manuscript cannot be fully grasped without studying its marginalia. Glosses sit on the margins of the text and clarify it, adding a whole new dimension to it and becoming an inextricable part of its content. Similarly, no society can be fully understood without knowledge of what lies on its margins, for the outliers of any given culture provide us with just as much information as its alleged foundational principles. In a time when the Western world ponders building walls up against perceived threats and frightening differences, this multidisciplinary collection of essays based on original and innovative pieces of research shows that it was mostly through tearing down walls that we learned our way forward.
Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law, royal edicts and ordinances, and judicial decisions. All these sources of law coexisted with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were defining features of the monarchical era. Legal historians have focused on popular custom and its metamorphosis into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, which was an essential element of the absolute monarchy. The achievements of legal humanism brought custom and Roman law together to lay the foundation for a unified French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.
Dominique Barthélemy presents a sharply revisionist account of the history of France around the year 1000, challenging the traditional view that France underwent a kind of revolution at the millennium which ushered in feudalism.
While most people today take hygiene and medicine for granted, they both have had their own history. We can gain deep insights into the pre-modern world by studying its health-care system, its approaches to medicine, and concept of hygiene. Already the early Middle Ages witnessed great interest in bathing (hot and cold), swimming, and good personal hygiene. Medical activities grew over time, but even early medieval monks were already great experts in treating the sick. The contributions examine literary, medical, historical texts and images and probe the information we can glean from them. The interdisciplinary approach of this volume makes it possible to view this large field in a complex and diversified manner, taking into account both early medieval and early modern treatises on medicine, water, bathing, and health. Such a cultural-historical perspective creates a most valuable bridge connecting literary and scientific documents under the umbrella of the history of mentality and history of everyday life. The volume does not aim at idealizing the past, but it definitely intends to deconstruct modern myths about the 'dirty' and 'unhealthy' Middle Ages and early modern age.