Law and the Illicit in Medieval Europe PDF Download

Author: Ruth Mazo Karras
Publisher: University of Pennsylvania Press
ISBN: 9780812240801
Category : History
Languages : en
Pages : 344

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Book Description
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.

Author: Ruth Mazo Karras
Publisher: University of Pennsylvania Press
ISBN: 081220641X
Category : History
Languages : en
Pages : 293

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Book Description
The Middle Ages are often viewed as a repository of tradition, yet what we think of as traditional marriage was far from the only available alternative to the single state in medieval Europe. Many people lived together in long-term, quasimarital heterosexual relationships, unable to marry if one was in holy orders or if the partners were of different religions. Social norms militated against the marriage of master to slave or between individuals of very different classes, or when the couple was so poor that they could not establish an independent household. Such unions, where the protections that medieval law furnished to wives (and their children) were absent, were fraught with danger for women in particular, but they also provided a degree of flexibility and demonstrate the adaptability of social customs in the face of slowly changing religious doctrine. Unmarriages draws on a wide range of sources from across Europe and the entire medieval millennium in order to investigate structures and relations that medieval authors and record keepers did not address directly, either in order to minimize them or because they were so common as not to be worth mentioning. Ruth Mazo Karras pays particular attention to the ways women and men experienced forms of opposite-sex union differently and to the implications for power relations between the genders. She treats legal and theological discussions that applied to all of Europe and presents a vivid series of case studies of how unions operated in specific circumstances to illustrate concretely what we can conclude, how far we can speculate, and what we can never know.

Author: Robin Chapman Stacey
Publisher: University of Pennsylvania Press
ISBN: 0812295420
Category : History
Languages : en
Pages : 344

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Book Description
In Law and the Imagination in Medieval Wales, Robin Chapman Stacey explores the idea of law as a form of political fiction: a body of literature that blurs the lines generally drawn between the legal and literary genres. She argues that for jurists of thirteenth-century Wales, legal writing was an intensely imaginative genre, one acutely responsive to nationalist concerns and capable of reproducing them in sophisticated symbolic form. She identifies narrative devices and tropes running throughout successive revisions of legal texts that frame the body as an analogy for unity and for the court, that equate maleness with authority and just rule and femaleness with its opposite, and that employ descriptions of internal and external landscapes as metaphors for safety and peril, respectively. Historians disagree about the context in which the lawbooks of medieval Wales should be read and interpreted. Some accept the claim that they originated in a council called by the tenth-century king Hywel Dda, while others see them less as a repository of ancient custom than as the Welsh response to the general resurgence in law taking place in western Europe. Stacey builds on the latter approach to argue that whatever their origins, the lawbooks functioned in the thirteenth century as a critical venue for political commentary and debate on a wide range of subjects, including the threat posed to native independence and identity by the encroaching English; concerns about violence and disunity among the native Welsh; abusive behavior on the part of native officials; unwelcome changes in native practice concerning marriage, divorce, and inheritance; and fears about the increasing political and economic role of women.

Author: Richard W. Kaeuper
Publisher: Oxford University Press, USA
ISBN: 0199244588
Category : History
Languages : en
Pages : 352

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Book Description
Medieval Europe was a rapidly developing society with a problem of violent disorder. Professor Kaeuper's original and authoritative study reveals that chivalry was just as much a part of this problem as it was its solution. Chivalry praised heroic violence by knights, and fused such displaysof prowess with honour, piety, high-status, and attractiveness to women. Though the vast body of chivalric literature praised chivalry as necessary to civilization, most texts also worried over knightly violence, criticized the ideals and practices of chivalry, and often proposed reforms. Theknights themselves joined the debate, absorbing some reforms, ignoring others, sometimes proposing their own. The interaction of chivalry with major governing institutions ("church" and "state") emerging at that time was similarly complex: kings and clerics both needed and feared the force of theknighthood. This fascinating book lays bare these conflicts and paradoxes which surrounded the concept of chivalry in medieval Europe.

Author: Andrew Rabin
Publisher: Boydell & Brewer
ISBN: 1783277602
Category :
Languages : en
Pages : 311

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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.

Author: Jamie Page
Publisher: Oxford University Press
ISBN: 0192607553
Category : History
Languages : en
Pages : 240

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Book Description
Prostitution played an important part in structuring gender relations in medieval Germany. Prostitutes were often viewed as an example of the extreme female sinfulness which all women risked falling into, yet their social role was also seen as vital to the unmarried men for whom they provided a sexual outlet. Prostitution and Subjectivity in Late Medieval Germany is the first full-length study of medieval prostitution to focus primarily on how gender discourse shaped the lives of prostitutes themselves. Based on three legal case studies from the late medieval Empire, Prostitutes and Subjectivity in Late Medieval Germany examines constructions of subjectivity between 1400 and 1500. This period saw the rapid rise of tolerated prostitution across much of western Europe and the emergence of the public brothel as a central institution in the regulation of social order, followed by its equally rapid suppression from the early 1500s. By analysing how individuals interacted with cultural discourses surrounding the body, sexuality, and sin, the book explores how the concepts which defined prostitution in the Middle Ages shaped individual lives, and how individuals were able - or not - to exert agency, both within the circumstances of their own lives, and in response to official attempts to regulate sexual behaviour.

Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
ISBN: 1107180694
Category : History
Languages : en
Pages : 823

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Book Description
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Author: Laura L. Gathagan
Publisher: Boydell & Brewer
ISBN: 1783276592
Category : Civilization, Medieval
Languages : en
Pages : 262

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Book Description
Essays illuminate a wide range of topics from the Middle Ages, from the seals of an empress to priests' wives and the undead.This volume of the Haskins Society Journal demonstrates the Society's continued engagement with historical and interdisciplinary research from the early to the central Middle Ages on a broad range of topics including militarism, piety, the miraculous and the monstrous. Chapters explore material culture through a mythic eleventh-century papal banner and the seals and coins of the Empress Matilda; offer new insights into Carolingian hagiography and into the undead in the Historia rerum Anglicarum. Further chapters feature new evidence on the role of priests' wives, the tensions of multiple lordships, shifting identities in the Irish Sea world, and the didactic use of royal anger. A fresh examination of Aelred of Rievaulx's Relatio de Standaro and a re-assessment of Flemish documentary practice continue the Haskins Society's commitment to primary source analysis. Two essays on the thirteenth century, including links between Crusade spirituality and lay penitential strategies and an investigation into the economic costs of waging war, round out the volume.Contributors: DAN ARMSTRONG, DAVID S. BACHRACH, DANIEL M. BACHRACH, JILLIAN M. BJERKE, HANNAH BOSTON, MARIAH COOPER, FIONA J. GRIFFITHS, JESSE M. HARRINGTON, JEAN-FRANÇOIS NIEUS, ALICE RIO, CHARITY URBANSKI, PATRICK WADDEN, MEGHAN WOOLLEY, LU ZUOth century, including links between Crusade spirituality and lay penitential strategies and an investigation into the economic costs of waging war, round out the volume.Contributors: DAN ARMSTRONG, DAVID S. BACHRACH, DANIEL M. BACHRACH, JILLIAN M. BJERKE, HANNAH BOSTON, MARIAH COOPER, FIONA J. GRIFFITHS, JESSE M. HARRINGTON, JEAN-FRANÇOIS NIEUS, ALICE RIO, CHARITY URBANSKI, PATRICK WADDEN, MEGHAN WOOLLEY, LU ZUOth century, including links between Crusade spirituality and lay penitential strategies and an investigation into the economic costs of waging war, round out the volume.Contributors: DAN ARMSTRONG, DAVID S. BACHRACH, DANIEL M. BACHRACH, JILLIAN M. BJERKE, HANNAH BOSTON, MARIAH COOPER, FIONA J. GRIFFITHS, JESSE M. HARRINGTON, JEAN-FRANÇOIS NIEUS, ALICE RIO, CHARITY URBANSKI, PATRICK WADDEN, MEGHAN WOOLLEY, LU ZUOth century, including links between Crusade spirituality and lay penitential strategies and an investigation into the economic costs of waging war, round out the volume.Contributors: DAN ARMSTRONG, DAVID S. BACHRACH, DANIEL M. BACHRACH, JILLIAN M. BJERKE, HANNAH BOSTON, MARIAH COOPER, FIONA J. GRIFFITHS, JESSE M. HARRINGTON, JEAN-FRANÇOIS NIEUS, ALICE RIO, CHARITY URBANSKI, PATRICK WADDEN, MEGHAN WOOLLEY, LU ZUO

Author: Karl Shoemaker
Publisher: Fordham Univ Press
ISBN: 0823232689
Category : History
Languages : en
Pages : 285

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Book Description
Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime in the Middle Ages, 400-1500 argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. --

Author: Maurice Keen
Publisher: Routledge
ISBN: 1317397584
Category : History
Languages : en
Pages : 238

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Book Description
Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law of arms’. This book, originally published in 1965, examines this soldiers’ code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.