Law, Custom, and Justice in Late Antiquity and the Early Middle Ages PDF Download

Author: Alice Rio
Publisher:
ISBN: 9781897747247
Category : Culture and law
Languages : en
Pages : 203

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Author: Robert W. Shaffern
Publisher: Rowman & Littlefield Publishers
ISBN: 1461638712
Category : History
Languages : en
Pages : 248

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Book Description
This concise intellectual history of the law offers an accessible introduction to the ideas and contexts of law from ancient Babylon to eighteenth-century Europe. Robert W. Shaffern examines a rich array of sources to illuminate ideas about law and justice in Western civilization. He identifies four main sources for traditional jurisprudence—the civilizations of the Fertile Crescent and classical Athens, the legal legacy of ancient Rome, the legal traditions of the Middle Ages, and developments in early modern Europe. By focusing on the recurring issues and historical contexts of the law, the author shows the extensive influence earlier sources had on the later development of Western law. For instance, the ancient code of Hammurabi pledged to obtain justice for the "widow and the orphan," a phrase that appeared again in later laws. Also, the tragedies of Aeschylus insisted that private individuals pursue vengeance, but government judiciaries upheld justice, an idea that the early modern European monarchies advanced when they promulgated new codes of criminal law. Additionally, Roman, medieval, and modern jurists all believed that natural law theory served as a rational criterion for legislators and judges. Throughout the span of centuries covered in the text, governments used law to regulate or monopolize the employment of violence. Designed to introduce undergraduates to the significant developments and ideas about the law and justice, this book will be invaluable for courses on the history of law and jurisprudence.

Author: Ralph W. Mathisen
Publisher: OUP Oxford
ISBN: 0191553786
Category : Literary Criticism
Languages : en
Pages : 340

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Book Description
The sixteen papers in this volume investigate the links between law and society during Late Antiquity (260-640 CE). On the one hand, they consider how social changes such as the barbarian settlement and the rise of the Christian church resulted in the creation of new sources of legal authority, such as local and 'vulgar' law, barbarian law codes, and canon law. On the other, they investigate the interrelationship between legal innovations and social change, for the very process of creating new law and new authority either resulted from or caused changes in the society in which it occurred. The studies in this volume discuss interactions between legal theory and practice, the Greek east and the Roman west, secular and ecclesiastical, Roman and barbarian, male and female, and Christian and non-Christian (including pagans, Jews, and Zoroastrians).

Author: Emanuele Conte
Publisher: Bloomsbury Publishing
ISBN: 1350079278
Category : History
Languages : en
Pages : 184

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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: Emanuele Conte
Publisher: Bloomsbury Academic
ISBN: 9781474212533
Category : Law
Languages : en
Pages : 0

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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: Thomas Faulkner
Publisher: Cambridge University Press
ISBN: 1107084911
Category : History
Languages : en
Pages : 315

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An examination of the barbarian laws in Carolingian Europe, contributing to debates concerning written law, kingship and ethnic identities.

Author: Thomas Faulkner
Publisher: Cambridge University Press
ISBN: 1316483282
Category : History
Languages : en
Pages : 315

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Book Description
The barbarian law codes, compiled between the sixth and eighth centuries, were copied remarkably frequently in the Carolingian ninth century. They provide crucial evidence for early medieval society, including the settlement of disputes, the nature of political authority, literacy, and the construction of ethnic identities. Yet it has proved extremely difficult to establish why the codes were copied in the ninth century, how they were read, and how their rich evidence should be used. Thomas Faulkner tackles these questions more systematically than ever before, proposing new understandings of the relationship between the making of law and royal power, and the reading of law and the maintenance of ethnic identities. Faulkner suggests major reinterpretations of central texts, including the Carolingian law codes, the capitularies adding to the laws, and Carolingian revisions of earlier barbarian and Roman laws. He also provides detailed analysis of legal manuscripts, especially those associated with the leges-scriptorium.

Author: Esther Cohen
Publisher: BRILL
ISBN: 9789004095694
Category : History
Languages : en
Pages : 260

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Book Description
An analysis of the cultural and social functions of law, legal processes and legal rituals in late medieval northern France. It interprets the various influences upon the shaping of law as a cultural manifestation and its application as an actual system of justice.

Author: Paul Vinogradoff
Publisher: New York : Noble
ISBN:
Category : Law
Languages : en
Pages : 176

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Author: Frederick Pollock
Publisher:
ISBN:
Category : Anthropology
Languages : en
Pages : 92

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Book Description