Order in the Court: Medieval Procedural Treatises in Translation

Order in the Court: Medieval Procedural Treatises in Translation

Author: Bruce Brasington

Publisher: BRILL

Published: 2016-03-17

Total Pages: 357

ISBN-13: 9004315322

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In Order in the Court, Brasington translates and comments upon the earliest medieval treatises on ecclesiastical legal procedure. Beginning with the eleventh-century “Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.


Book Synopsis Order in the Court: Medieval Procedural Treatises in Translation by : Bruce Brasington

Download or read book Order in the Court: Medieval Procedural Treatises in Translation written by Bruce Brasington and published by BRILL. This book was released on 2016-03-17 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Order in the Court, Brasington translates and comments upon the earliest medieval treatises on ecclesiastical legal procedure. Beginning with the eleventh-century “Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.

The History of Courts and Procedure in Medieval Canon Law

The History of Courts and Procedure in Medieval Canon Law

Author: Wilfried Hartmann

Publisher: CUA Press

Published: 2016-09-09

Total Pages: 521

ISBN-13: 0813229049

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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.


Book Synopsis The History of Courts and Procedure in Medieval Canon Law by : Wilfried Hartmann

Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Medieval Canon Law

Medieval Canon Law

Author: James A. Brundage

Publisher: Taylor & Francis

Published: 2022-08-05

Total Pages: 266

ISBN-13: 1000631494

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It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.


Book Synopsis Medieval Canon Law by : James A. Brundage

Download or read book Medieval Canon Law written by James A. Brundage and published by Taylor & Francis. This book was released on 2022-08-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.

Law and the Christian Tradition in Italy

Law and the Christian Tradition in Italy

Author: Orazio Condorelli

Publisher: Routledge

Published: 2020-07-02

Total Pages: 472

ISBN-13: 1000079198

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Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.


Book Synopsis Law and the Christian Tradition in Italy by : Orazio Condorelli

Download or read book Law and the Christian Tradition in Italy written by Orazio Condorelli and published by Routledge. This book was released on 2020-07-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

The Legal History of the Church of England

The Legal History of the Church of England

Author: Norman Doe

Publisher: Bloomsbury Publishing

Published: 2024-02-22

Total Pages: 453

ISBN-13: 1509973184

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This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.


Book Synopsis The Legal History of the Church of England by : Norman Doe

Download or read book The Legal History of the Church of England written by Norman Doe and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.

Prophecy, Fate and Memory in the Early Medieval Celtic World

Prophecy, Fate and Memory in the Early Medieval Celtic World

Author: Professor Jonathan Wooding

Publisher: Sydney University Press

Published: 2020-03-02

Total Pages: 292

ISBN-13: 1743326955

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Prophecy, Fate and Memory in the Early and Medieval Celtic World brings together a collection of studies that closely explore aspects of culture and history of Celtic-speaking nations. Non-narrative sources and cross-disciplinary approaches shed new light on traditional questions concerning commemoration,sources of political authority, and the nature of religious identity. Leading scholars and early-career researchers bring to bear hermeneutics from studies of religion and literary criticism alongside more traditional philological and historical methodologies. All the studies in this book bring to their particular tasks an acknowledgement of the importance of religion in the worldview of antiquity and the Middle Ages. Their approaches reflect a critical turn in Celtic studies that has proved immensely productive across the last two decades.


Book Synopsis Prophecy, Fate and Memory in the Early Medieval Celtic World by : Professor Jonathan Wooding

Download or read book Prophecy, Fate and Memory in the Early Medieval Celtic World written by Professor Jonathan Wooding and published by Sydney University Press. This book was released on 2020-03-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prophecy, Fate and Memory in the Early and Medieval Celtic World brings together a collection of studies that closely explore aspects of culture and history of Celtic-speaking nations. Non-narrative sources and cross-disciplinary approaches shed new light on traditional questions concerning commemoration,sources of political authority, and the nature of religious identity. Leading scholars and early-career researchers bring to bear hermeneutics from studies of religion and literary criticism alongside more traditional philological and historical methodologies. All the studies in this book bring to their particular tasks an acknowledgement of the importance of religion in the worldview of antiquity and the Middle Ages. Their approaches reflect a critical turn in Celtic studies that has proved immensely productive across the last two decades.

Vernacular Law

Vernacular Law

Author: Ada Maria Kuskowski

Publisher: Cambridge University Press

Published: 2022-11-03

Total Pages: 431

ISBN-13: 1009217909

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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.


Book Synopsis Vernacular Law by : Ada Maria Kuskowski

Download or read book Vernacular Law written by Ada Maria Kuskowski and published by Cambridge University Press. This book was released on 2022-11-03 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law, Literature, and Social Regulation in Early Medieval England

Law, Literature, and Social Regulation in Early Medieval England

Author: Andrew Rabin

Publisher: Boydell & Brewer

Published: 2023-02-21

Total Pages: 311

ISBN-13: 1783277602

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Valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society. Pre-Conquest English law was among the most sophisticated in early medieval Europe. Composed largely in the vernacular, it played a crucial role in the evolution of early English identity and exercised a formative influence on the development of the Common Law. However, recent scholarship has also revealed the significant influence of these legal documents and ideas on other cultural domains, both modern and pre-modern. This collection explores the richness of pre-Conquest legal writing by looking beyond its traditional codified form. Drawing on methodologies ranging from traditional philology to legal and literary theory, and from a diverse selection of contributors offering a broad spectrum of disciplines, specialities and perspectives, the essays examine the intersection between traditional juridical texts - from law codes and charters to treatises and religious regulation - and a wide range of literary genres, including hagiography and heroic poetry. In doing so, they demonstrate that the boundary that has traditionally separated "law" from other modes of thought and writing is far more porous than hitherto realized. Overall, the volume yields valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society.


Book Synopsis Law, Literature, and Social Regulation in Early Medieval England by : Andrew Rabin

Download or read book Law, Literature, and Social Regulation in Early Medieval England written by Andrew Rabin and published by Boydell & Brewer. This book was released on 2023-02-21 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society. Pre-Conquest English law was among the most sophisticated in early medieval Europe. Composed largely in the vernacular, it played a crucial role in the evolution of early English identity and exercised a formative influence on the development of the Common Law. However, recent scholarship has also revealed the significant influence of these legal documents and ideas on other cultural domains, both modern and pre-modern. This collection explores the richness of pre-Conquest legal writing by looking beyond its traditional codified form. Drawing on methodologies ranging from traditional philology to legal and literary theory, and from a diverse selection of contributors offering a broad spectrum of disciplines, specialities and perspectives, the essays examine the intersection between traditional juridical texts - from law codes and charters to treatises and religious regulation - and a wide range of literary genres, including hagiography and heroic poetry. In doing so, they demonstrate that the boundary that has traditionally separated "law" from other modes of thought and writing is far more porous than hitherto realized. Overall, the volume yields valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society.

New Discourses in Medieval Canon Law Research

New Discourses in Medieval Canon Law Research

Author:

Publisher: BRILL

Published: 2019-04-09

Total Pages: 225

ISBN-13: 9004394389

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The contributions in New Discourses in Medieval Canon Law Research present new research on medieval church law, and propose a new model of how to write the history of canon law in the Middle Ages.


Book Synopsis New Discourses in Medieval Canon Law Research by :

Download or read book New Discourses in Medieval Canon Law Research written by and published by BRILL. This book was released on 2019-04-09 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in New Discourses in Medieval Canon Law Research present new research on medieval church law, and propose a new model of how to write the history of canon law in the Middle Ages.

The Use of Canon Law in Ecclesiastical Administration, 1000–1234

The Use of Canon Law in Ecclesiastical Administration, 1000–1234

Author:

Publisher: BRILL

Published: 2018-11-05

Total Pages: 291

ISBN-13: 9004387242

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The Use of Canon Law in Ecclesiastical Administration, 1000–1234 integrates the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice.


Book Synopsis The Use of Canon Law in Ecclesiastical Administration, 1000–1234 by :

Download or read book The Use of Canon Law in Ecclesiastical Administration, 1000–1234 written by and published by BRILL. This book was released on 2018-11-05 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Use of Canon Law in Ecclesiastical Administration, 1000–1234 integrates the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice.