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Law and Theology in Twelfth-century England

Author: Jason Taliadoros

Publisher: Brepols Publishers

Published: 2006

Total Pages: 344

ISBN-13:

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This book explores the legal and theological thought of Master Vacarius (c.1115/20 - c.1200), the renowned twelfth-century jurist. It focuses on this Italian master's four works, composed in the second half of the twelfth century, which deal with the resolution of conflict in law and theology. Vacarius is a paradox for scholars. They have found it difficult to reconcile his role as a legal teacher, notably through his textbook the Liber pauperum ('Book of the Poor'), which established a school of Roman law at Oxford, with his 'extra-legal' works on marriage, Christology and heretical theology. This study accounts for this paradox by exploring these three extra-legal treatises, composed in the 1160s and 1170s, in light of Vacarius' legal textbook. The author argues that Vacarius applies the legal method of the ius commune (European common law) to theological and sacramental debates. In this way, Vacarius represents a trend in medieval intellectual history, particular to the twelfth-century renaissance, which has been little appreciated to date - the hermeneutic of the 'lawyer-theologian'.

Book Synopsis Law and Theology in Twelfth-century England by : Jason Taliadoros

Download or read book Law and Theology in Twelfth-century England written by Jason Taliadoros and published by Brepols Publishers. This book was released on 2006 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal and theological thought of Master Vacarius (c.1115/20 - c.1200), the renowned twelfth-century jurist. It focuses on this Italian master's four works, composed in the second half of the twelfth century, which deal with the resolution of conflict in law and theology. Vacarius is a paradox for scholars. They have found it difficult to reconcile his role as a legal teacher, notably through his textbook the Liber pauperum ('Book of the Poor'), which established a school of Roman law at Oxford, with his 'extra-legal' works on marriage, Christology and heretical theology. This study accounts for this paradox by exploring these three extra-legal treatises, composed in the 1160s and 1170s, in light of Vacarius' legal textbook. The author argues that Vacarius applies the legal method of the ius commune (European common law) to theological and sacramental debates. In this way, Vacarius represents a trend in medieval intellectual history, particular to the twelfth-century renaissance, which has been little appreciated to date - the hermeneutic of the 'lawyer-theologian'.

Law and Theology in Twelfth-Century England

Author: Jason Taliadoros

Publisher:

Published: 2007

Total Pages: 336

ISBN-13: 9782503557793

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Book Synopsis Law and Theology in Twelfth-Century England by : Jason Taliadoros

Download or read book Law and Theology in Twelfth-Century England written by Jason Taliadoros and published by . This book was released on 2007 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice and mercy

Author: Philippa Byrne

Publisher: Manchester University Press

Published: 2018-11-06

Total Pages: 346

ISBN-13: 1526125366

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This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate – a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.

Book Synopsis Justice and mercy by : Philippa Byrne

Download or read book Justice and mercy written by Philippa Byrne and published by Manchester University Press. This book was released on 2018-11-06 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate – a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.

Making of English Law: King Alfred to the Twelfth Century

Author: Patrick Wormald

Publisher: Wiley-Blackwell

Published: 1999-10-26

Total Pages: 528

ISBN-13: 9780631134961

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This volume, the first of two comprising The Making of English Law, provides the first full-length account of the Old English law-codes for over eighty years, and the first that has ever been published in the English language. It is designed to be both an authoritative work of reference for scholars seeking enlightenment on particular legal manuscripts or texts and a coherent account of how the corpus of Old English law from the seventh to the twelfth century came to subsist and survive. Part I opens with an account of the historians of early English law, including the immortal F. W. Maitland (1850-1906) and Felix Liebermann, author of the definitive edition of the law codes (1898-1916). It then provides the most detailed examination English of law and legislation on the European continent in the post-Roman era and of the earliest Anglo-Saxon legislators in the seventh century. This sets the scene for the law making of King Alfred and his successors. As well as providing an authoritative account of Anglo-Saxon legislation this much-anticipated book opens new perspectives on the emergence of the English State. It will be welcomed as a landmark in the study of English law and government, and as an exploration of the problem of authority in a pre-modern society.

Book Synopsis Making of English Law: King Alfred to the Twelfth Century by : Patrick Wormald

Download or read book Making of English Law: King Alfred to the Twelfth Century written by Patrick Wormald and published by Wiley-Blackwell. This book was released on 1999-10-26 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, the first of two comprising The Making of English Law, provides the first full-length account of the Old English law-codes for over eighty years, and the first that has ever been published in the English language. It is designed to be both an authoritative work of reference for scholars seeking enlightenment on particular legal manuscripts or texts and a coherent account of how the corpus of Old English law from the seventh to the twelfth century came to subsist and survive. Part I opens with an account of the historians of early English law, including the immortal F. W. Maitland (1850-1906) and Felix Liebermann, author of the definitive edition of the law codes (1898-1916). It then provides the most detailed examination English of law and legislation on the European continent in the post-Roman era and of the earliest Anglo-Saxon legislators in the seventh century. This sets the scene for the law making of King Alfred and his successors. As well as providing an authoritative account of Anglo-Saxon legislation this much-anticipated book opens new perspectives on the emergence of the English State. It will be welcomed as a landmark in the study of English law and government, and as an exploration of the problem of authority in a pre-modern society.

Power and Justice in Medieval England

Author: Joshua C. Tate

Publisher: Yale University Press

Published: 2022

Total Pages: 270

ISBN-13: 0300163835

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How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.

Book Synopsis Power and Justice in Medieval England by : Joshua C. Tate

Download or read book Power and Justice in Medieval England written by Joshua C. Tate and published by Yale University Press. This book was released on 2022 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.

Marriage, Family, and Law in Medieval Europe

Author: Michael M. Sheehan

Publisher: University of Toronto Press

Published: 1997-01-01

Total Pages: 372

ISBN-13: 9780802081377

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A collection of essays by Michael Sheehan, whose work and interpretation on medieval property, marriage, family, sexuality, and law has insprired scholars for 40 years.

Book Synopsis Marriage, Family, and Law in Medieval Europe by : Michael M. Sheehan

Download or read book Marriage, Family, and Law in Medieval Europe written by Michael M. Sheehan and published by University of Toronto Press. This book was released on 1997-01-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays by Michael Sheehan, whose work and interpretation on medieval property, marriage, family, sexuality, and law has insprired scholars for 40 years.

The Cambridge History of Medieval Canon Law

Author: Anders Winroth

Publisher: Cambridge University Press

Published: 2022-01-27

Total Pages: 738

ISBN-13: 1009063952

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Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.

Book Synopsis The Cambridge History of Medieval Canon Law by : Anders Winroth

Download or read book The Cambridge History of Medieval Canon Law written by Anders Winroth and published by Cambridge University Press. This book was released on 2022-01-27 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.

Clerical Continence in Twelfth-Century England and Byzantium

Author: Maroula Perisanidi

Publisher: Routledge

Published: 2018-07-06

Total Pages: 314

ISBN-13: 1351024604

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Why did the medieval West condemn clerical marriage as an abomination while the Byzantine Church affirmed its sanctifying nature? This book brings together ecclesiastical, legal, social, and cultural history in order to examine how Byzantine and Western medieval ecclesiastics made sense of their different rules of clerical continence. Western ecclesiastics condemned clerical marriage for three key reasons: married clerics could alienate ecclesiastical property for the sake of their families; they could secure careers in the Church for their sons, restricting ecclesiastical positions and lands to specific families; and they could pollute the sacred by officiating after having had sex with their wives. A comparative study shows that these offending risk factors were absent in twelfth-century Byzantium: clerics below the episcopate did not have enough access to ecclesiastical resources to put the Church at financial risk; clerical dynasties were understood within a wider frame of valued friendship networks; and sex within clerical marriage was never called impure in canon law, as there was little drive to use pollution discourses to separate clergy and laity. These facts are symptomatic of a much wider difference between West and East, impinging on ideas about social order, moral authority, and reform.

Book Synopsis Clerical Continence in Twelfth-Century England and Byzantium by : Maroula Perisanidi

Download or read book Clerical Continence in Twelfth-Century England and Byzantium written by Maroula Perisanidi and published by Routledge. This book was released on 2018-07-06 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did the medieval West condemn clerical marriage as an abomination while the Byzantine Church affirmed its sanctifying nature? This book brings together ecclesiastical, legal, social, and cultural history in order to examine how Byzantine and Western medieval ecclesiastics made sense of their different rules of clerical continence. Western ecclesiastics condemned clerical marriage for three key reasons: married clerics could alienate ecclesiastical property for the sake of their families; they could secure careers in the Church for their sons, restricting ecclesiastical positions and lands to specific families; and they could pollute the sacred by officiating after having had sex with their wives. A comparative study shows that these offending risk factors were absent in twelfth-century Byzantium: clerics below the episcopate did not have enough access to ecclesiastical resources to put the Church at financial risk; clerical dynasties were understood within a wider frame of valued friendship networks; and sex within clerical marriage was never called impure in canon law, as there was little drive to use pollution discourses to separate clergy and laity. These facts are symptomatic of a much wider difference between West and East, impinging on ideas about social order, moral authority, and reform.

The Letter of the Law

Author: Emily Steiner

Publisher: Cornell University Press

Published: 2002

Total Pages: 276

ISBN-13: 9780801487705

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Scholars have long been aware of the looming presence of law in medieval English literature, from Christ as a litigious redemptor to Chaucer's deal-making Host in The Canterbury Tales. Most scholarly work on the subject has been confined either to tracking down representations of legal practices in texts or to examining formal questions relating to legal discourse. In a groundbreaking departure, The Letter of the Law suggests that law and literature should be understood as parallel forms of discourse -- at times complementary, at times antagonistic, but always mutually illuminating. Emily Steiner and Candace Barrington maintain that medievalists are uniquely placed to make valuable new contributions to the subject of law and literature, in part because of the inherently interdisciplinary nature of the study of medieval law, inseparable as it was from political theory and theology. Treating texts as varied as Chaucer's Knight's Tale, the fifteenth-century Robin Hood ballads, and William Thorpe's account of his own heresy trial, the nine never-before-published essays in this volume reveal the intersections of legal and documentary culture with vernacular literary production. They establish that law and English literature were intimately bound up in processes of institutional, linguistic, and social change, and they explain how the specific conditions of medieval law and literature offer useful models in studying later periods. An appendix contains a translation by Andrew Galloway of History or Narration Concerning the Manner and Form of the Miraculous Parliament at Westminster in the Year 1386.

Book Synopsis The Letter of the Law by : Emily Steiner

Download or read book The Letter of the Law written by Emily Steiner and published by Cornell University Press. This book was released on 2002 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars have long been aware of the looming presence of law in medieval English literature, from Christ as a litigious redemptor to Chaucer's deal-making Host in The Canterbury Tales. Most scholarly work on the subject has been confined either to tracking down representations of legal practices in texts or to examining formal questions relating to legal discourse. In a groundbreaking departure, The Letter of the Law suggests that law and literature should be understood as parallel forms of discourse -- at times complementary, at times antagonistic, but always mutually illuminating. Emily Steiner and Candace Barrington maintain that medievalists are uniquely placed to make valuable new contributions to the subject of law and literature, in part because of the inherently interdisciplinary nature of the study of medieval law, inseparable as it was from political theory and theology. Treating texts as varied as Chaucer's Knight's Tale, the fifteenth-century Robin Hood ballads, and William Thorpe's account of his own heresy trial, the nine never-before-published essays in this volume reveal the intersections of legal and documentary culture with vernacular literary production. They establish that law and English literature were intimately bound up in processes of institutional, linguistic, and social change, and they explain how the specific conditions of medieval law and literature offer useful models in studying later periods. An appendix contains a translation by Andrew Galloway of History or Narration Concerning the Manner and Form of the Miraculous Parliament at Westminster in the Year 1386.

Law and the Illicit in Medieval Europe

Author: Ruth Mazo Karras

Publisher: University of Pennsylvania Press

Published: 2013-02-11

Total Pages: 336

ISBN-13: 0812208854

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In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.

Book Synopsis Law and the Illicit in Medieval Europe by : Ruth Mazo Karras

Download or read book Law and the Illicit in Medieval Europe written by Ruth Mazo Karras and published by University of Pennsylvania Press. This book was released on 2013-02-11 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.