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The Medieval Origins of the Legal Profession

The Medieval Origins of the Legal Profession Author James A. Brundage
ISBN-10 9781459605800
Release 2010-10-01
Pages 648
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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.



Law Sex and Christian Society in Medieval Europe

Law  Sex  and Christian Society in Medieval Europe Author James A. Brundage
ISBN-10 0226077896
Release 2009-02-15
Pages 698
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This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History



Medieval Canon Law

Medieval Canon Law Author James A Brundage
ISBN-10 9781317895343
Release 2014-06-11
Pages 272
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It is impossible to understand how the medieval church functioned -- and in turn influenced and controlled the lay world within its care -- without understanding the development, character and impact of `canon law', its own distinctive law code. However important, this can seem a daunting subject to non-specialists. They have long needed an attractive but authoritative introduction, avoiding arid technicalities and setting the subject in its widest context. James Brundage's marvellously fluent and accessible book is the perfect answer: it will be warmly welcomed by medievalists and students of ecclesiastical and legal history.



The Criminalization of Abortion in the West

The Criminalization of Abortion in the West Author Wolfgang P. Müller
ISBN-10 9780801464621
Release 2017-06-01
Pages 280
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Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.



The Consumption of Justice

The Consumption of Justice Author Daniel Lord Smail
ISBN-10 9780801468773
Release 2013-04-15
Pages 294
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In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.



Law s Relations

Law s Relations Author Jennifer Nedelsky
ISBN-10 9780195147964
Release 2011-10-11
Pages 542
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Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.



Law as Profession and Practice in Medieval Europe

Law as Profession and Practice in Medieval Europe Author Melodie Harris Eichbauer
ISBN-10 9781317107682
Release 2016-04-15
Pages 440
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This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.



The Measure of Woman

The Measure of Woman Author Marie A. Kelleher
ISBN-10 9780812205343
Release 2011-06-06
Pages 232
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By the end of the Middle Ages, the ius commune—the combination of canon and Roman law—had formed the basis for all law in continental Europe, along with its patriarchal system of categorizing women. Throughout medieval Europe, women regularly found themselves in court, suing or being sued, defending themselves against criminal accusations, or prosecuting others for crimes committed against them or their families. Yet choosing to litigate entailed accepting the conceptual vocabulary of the learned law, thereby reinforcing the very legal and social notions that often subordinated them. In The Measure of Woman Marie A. Kelleher explores the complex relationship between women and legal culture in Spain's Crown of Aragon during the late medieval period. Aragonese courts measured women according to three factors: their status in relation to men, their relative sexual respectability, and their conformity to ideas about the female sex as a whole. Yet in spite of this situation, Kelleher argues, women were able to play a crucial role in shaping their own legal identities while working within the parameters of the written law. The Measure of Woman reveals that women were not passive recipients—or even victims—of the legal system. Rather, medieval women actively used the conceptual vocabulary of the law, engaging with patriarchal legal assumptions as part of their litigation strategies. In the process, they played an important role in the formation of a gendered legal culture that would shape the lives of women throughout Western Europe and beyond for centuries to come.



The History of Courts and Procedure in Medieval Canon Law

The History of Courts and Procedure in Medieval Canon Law Author Wilfried Hartmann
ISBN-10 9780813229041
Release 2016-09-09
Pages 506
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By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.



The Marriage Exchange

The Marriage Exchange Author Martha C. Howell
ISBN-10 0226355179
Release 2009-02-15
Pages 294
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Medieval Douai was one of the wealthiest cloth towns of Flanders, and it left an enormous archive documenting the personal financial affairs of its citizens—wills, marriage agreements, business contracts, and records of court disputes over property rights of all kinds. Based on extensive research in this archive, this book reveals how these documents were produced in a centuries-long effort to regulate—and ultimately to redefine—property and gender relations. At the center of the transformation was a shift from a marital property regime based on custom to one based on contract. In the former, a widow typically inherited her husband's property; in the latter, she shared it with or simply held it for his family or offspring. Howell asks why the law changed as it did and assesses the law's effects on both social and gender meanings but she insists that the reform did not originate in general dissatisfaction with custom or a desire to disempower widows. Instead, it was born in a complex economic, social and cultural history during which Douaisiens gradually came to think about both property and gender in new ways.



Law Person and Community

Law  Person  and Community Author John J. Coughlin
ISBN-10 9780199877188
Release 2012-03-16
Pages 320
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Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities.



The Oxford Handbook of Women and Gender in Medieval Europe

The Oxford Handbook of Women and Gender in Medieval Europe Author Judith M. Bennett
ISBN-10 9780191667305
Release 2013-08-22
Pages 642
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The Oxford Handbook of Women and Gender in Medieval Europe provides a comprehensive overview of the gender rules encountered in Europe in the period between approximately 500 and 1500 C.E. The essays collected in this volume speak to interpretative challenges common to all fields of women's and gender history - that is, how best to uncover the experiences of ordinary people from archives formed mainly by and about elite males, and how to combine social histories of lived experiences with cultural histories of gendered discourses and identities. The collection focuses on Western Europe in the Middle Ages but offers some consideration of medieval Islam and Byzantium. The Handbook is structured into seven sections: Christian, Jewish, and Muslim thought; law in theory and practice; domestic life and material culture; labour, land, and economy; bodies and sexualities; gender and holiness; and the interplay of continuity and change throughout the medieval period. It contains material from some of the foremost scholars in this field, and it not only serves as the major reference text in medieval and gender studies, but also provides an agenda for future new research.



The Role of the Arab Islamic World in the Rise of the West

The Role of the Arab Islamic World in the Rise of the West Author N. Al-Rodhan
ISBN-10 9780230393219
Release 2012-08-21
Pages 241
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This book takes a fascinating look at the role of the Arab-Islamic world in the rise of the West. It examines the cultural transmission of ideas and institutions in a number of key areas, including science, philosophy, humanism, law, finance, commerce, as well as the Arab-Islamic world's overall impact on the Reformation and the Renaissance.



The Treatise on Laws Decretum DD 1 20 with the Ordinary Gloss Studies in Medieval and Early Modern Canon Law Volume 2

The Treatise on Laws  Decretum DD  1 20  with the Ordinary Gloss  Studies in Medieval and Early Modern Canon Law  Volume 2 Author Gratian
ISBN-10 9780813207865
Release 1993
Pages 131
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No description available



Papacy Monarchy and Marriage 860 1600

Papacy  Monarchy and Marriage 860   1600 Author David d'Avray
ISBN-10 9781316299272
Release 2015-03-30
Pages
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This analysis of royal marriage cases across seven centuries explains how and how far popes controlled royal entry into and exits from their marriages. In the period between c.860 and 1600, the personal lives of kings became the business of the papacy. d'Avray explores the rationale for papal involvement in royal marriages and uses them to analyse the structure of church-state relations. The marital problems of the Carolingian Lothar II, of English kings - John, Henry III, and Henry VIII - and other monarchs, especially Spanish and French, up to Henri IV of France and La Reine Margot, have their place in this exploration of how canon law came to constrain pragmatic political manoeuvring within a system increasingly rationalised from the mid-thirteenth century on. Using documents presented in the author's Dissolving Royal Marriages, the argument brings out hidden connections between legal formality, annulments, and dispensations, at the highest social level.



The Cambridge History of Medieval Political Thought C 350 c 1450

The Cambridge History of Medieval Political Thought C 350 c 1450 Author J. H. Burns
ISBN-10 0521423880
Release 1988
Pages 808
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This volume examines the history of a complex and varied body of ideas over a period of more than a thousand years.



Fractional Freedoms

Fractional Freedoms Author Michelle A. McKinley
ISBN-10 9781107168985
Release 2016-10-31
Pages 294
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Fractional Freedoms examines paths to liberty forged in the slaveowning household, and legal claims brought by slaves in colonial Lima.