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Author: Lorren Eldridge Publisher: Taylor & Francis ISBN: 100090055X Category : Law Languages : en Pages : 250
Book Description
This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decisionmaking having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law ought to be considered ‘law’ if we are ever going to fully understand law – both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.
Author: Lorren Eldridge Publisher: Taylor & Francis ISBN: 100090055X Category : Law Languages : en Pages : 250
Book Description
This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decisionmaking having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law ought to be considered ‘law’ if we are ever going to fully understand law – both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.
Author: Gaines Post Publisher: Princeton University Press ISBN: 1400879981 Category : History Languages : en Pages : 650
Book Description
This volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as “A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton,” and “Status Regis and Lestat du Roi in the Statute of York.” Originally published in 1964. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Coulton G. G. Publisher: Peter Smith Pub Incorporated ISBN: 9780844664620 Category : History Languages : en Pages :
Book Description
Exceptionally well-documented vivid study of serfdom, manorial customs, abbeys, village discipline, peasant revolts, justice, religious education, tithing, much more. Illustrated. .,."a remarkable book..."-Times (London) Literary Supplement.
Author: Michael M. Sheehan Publisher: University of Toronto Press ISBN: 9780802081377 Category : History Languages : en Pages : 372
Book Description
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.
Author: Emanuele Conte Publisher: Bloomsbury Publishing ISBN: 1350079286 Category : History Languages : en Pages : 315
Book Description
In 500, the legal order in Europe was structured around ancient customs, social practices and feudal values. By 1500, the effects of demographic change, new methods of farming and economic expansion had transformed the social and political landscape and had wrought radical change upon legal practices and systems throughout Western Europe. A Cultural History of Law in the Middle Ages explores this change and the rich and varied encounters between Christianity and Roman legal thought which shaped the period. Evolving from a combination of religious norms, local customs, secular legislations, and Roman jurisprudence, medieval law came to define an order that promoted new forms of individual and social representation, fostered the political renewal that heralded the transition from feudalism to the Early Modern state and contributed to the diffusion of a common legal language. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Middle Ages presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Author: Publisher: BRILL ISBN: 9004375767 Category : History Languages : en Pages : 318
Book Description
Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.
Author: Publisher: Manchester University Press ISBN: 1526112833 Category : History Languages : en Pages : 304
Book Description
This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215–1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.
Author: Kenneth Pennington Publisher: CUA Press ISBN: 0813214629 Category : History Languages : en Pages : 424
Book Description
In this volume leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition. Subdivided into four topical categories, the essays cover the entire range of the history of medieval canon law from the sixth to the sixteenth century.
Author: Donna Trembinski Publisher: Crabtree Publishing Company ISBN: 9780778713609 Category : Juvenile Nonfiction Languages : en Pages : 36
Book Description
Rules and laws strictly governed people's lives in the Middle Ages. Failure to observe any law could lead to imprisonment, torture, or even death. Medieval Laws and Punishment details the laws that kept order, who was responsible for enforcing the law and carrying out punishments, and what would happen to people who took the law into their own hands.
Author: Lorren Eldridge
Author: Lorren Eldridge
Author: Gaines Post
Author: Lorren Eldridge
Author: Coulton G. G.
Author: Michael M. Sheehan
Author: Emanuele Conte
Author: 
Author: 
Author: Kenneth Pennington
Author: Donna Trembinski