• History

The Medieval Origins of the Legal Profession


Author: James A. Brundage
Publisher: ReadHowYouWant.com
ISBN: 1459605802
Category: History
Page: 648
View: 7853
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

    • Law

Law, Sex, and Christian Society in Medieval Europe


Author: James A. Brundage
Publisher: University of Chicago Press
ISBN: 9780226077895
Category: Law
Page: 698
View: 2027
This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

    • Social Science

The Criminalization of Abortion in the West

Its Origins in Medieval Law
Author: Wolfgang P. Müller
Publisher: Cornell University Press
ISBN: 0801464625
Category: Social Science
Page: 280
View: 3967
Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.

    • History

The Consumption of Justice

Emotions, Publicity, and Legal Culture in Marseille, 1264-1423
Author: Daniel Lord Smail
Publisher: Cornell University Press
ISBN: 9780801441059
Category: History
Page: 277
View: 3403
In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.

    • History

Medieval Canon Law


Author: James A Brundage
Publisher: Routledge
ISBN: 1317895347
Category: History
Page: 272
View: 2639
It is impossible to understand how the medieval church functioned -- and in turn influenced and controlled the lay world within its care -- without understanding the development, character and impact of `canon law', its own distinctive law code. However important, this can seem a daunting subject to non-specialists. They have long needed an attractive but authoritative introduction, avoiding arid technicalities and setting the subject in its widest context. James Brundage's marvellously fluent and accessible book is the perfect answer: it will be warmly welcomed by medievalists and students of ecclesiastical and legal history.

    • Social Science

The Marriage Exchange

Property, Social Place, and Gender in Cities of the Low Countries, 1300-1550
Author: Martha C. Howell
Publisher: University of Chicago Press
ISBN: 9780226355177
Category: Social Science
Page: 294
View: 2405
Medieval Douai was one of the wealthiest cloth towns of Flanders, and it left an enormous archive documenting the personal financial affairs of its citizens—wills, marriage agreements, business contracts, and records of court disputes over property rights of all kinds. Based on extensive research in this archive, this book reveals how these documents were produced in a centuries-long effort to regulate—and ultimately to redefine—property and gender relations. At the center of the transformation was a shift from a marital property regime based on custom to one based on contract. In the former, a widow typically inherited her husband's property; in the latter, she shared it with or simply held it for his family or offspring. Howell asks why the law changed as it did and assesses the law's effects on both social and gender meanings but she insists that the reform did not originate in general dissatisfaction with custom or a desire to disempower widows. Instead, it was born in a complex economic, social and cultural history during which Douaisiens gradually came to think about both property and gender in new ways.


    • Law

Law's Relations

A Relational Theory of Self, Autonomy, and Law
Author: Jennifer Nedelsky
Publisher: OUP USA
ISBN: 0195147960
Category: Law
Page: 542
View: 3368
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.

    • History

The Cambridge History of Medieval Political Thought C.350-c.1450


Author: J. H. Burns,James Henderson Burns
Publisher: Cambridge University Press
ISBN: 9780521423885
Category: History
Page: 808
View: 4260
This volume examines the history of a complex and varied body of ideas over a period of more than a thousand years.

    • History

The Measure of Woman

Law and Female Identity in the Crown of Aragon
Author: Marie A. Kelleher
Publisher: University of Pennsylvania Press
ISBN: 0812205340
Category: History
Page: 232
View: 3089
By the end of the Middle Ages, the ius commune—the combination of canon and Roman law—had formed the basis for all law in continental Europe, along with its patriarchal system of categorizing women. Throughout medieval Europe, women regularly found themselves in court, suing or being sued, defending themselves against criminal accusations, or prosecuting others for crimes committed against them or their families. Yet choosing to litigate entailed accepting the conceptual vocabulary of the learned law, thereby reinforcing the very legal and social notions that often subordinated them. In The Measure of Woman Marie A. Kelleher explores the complex relationship between women and legal culture in Spain's Crown of Aragon during the late medieval period. Aragonese courts measured women according to three factors: their status in relation to men, their relative sexual respectability, and their conformity to ideas about the female sex as a whole. Yet in spite of this situation, Kelleher argues, women were able to play a crucial role in shaping their own legal identities while working within the parameters of the written law. The Measure of Woman reveals that women were not passive recipients—or even victims—of the legal system. Rather, medieval women actively used the conceptual vocabulary of the law, engaging with patriarchal legal assumptions as part of their litigation strategies. In the process, they played an important role in the formation of a gendered legal culture that would shape the lives of women throughout Western Europe and beyond for centuries to come.

    • Law

Law as Profession and Practice in Medieval Europe

Essays in Honor of James A. Brundage
Author: Melodie Harris Eichbauer
Publisher: Routledge
ISBN: 1317107683
Category: Law
Page: 440
View: 8653
This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

    • Law

Law, Person, and Community

Philosophical, Theological, and Comparative Perspectives on Canon Law
Author: John J. Coughlin
Publisher: Oxford University Press
ISBN: 0199877181
Category: Law
Page: 320
View: 2869
Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities.

    • Law

The Genius of the Common Law


Author: Sir Frederick Pollock
Publisher: Ams PressInc
ISBN: N.A
Category: Law
Page: 141
View: 8596

    • History

The Oxford Handbook of Women and Gender in Medieval Europe


Author: Judith M. Bennett,Ruth Mazo Karras
Publisher: OUP Oxford
ISBN: 0191667307
Category: History
Page: 642
View: 2532
The Oxford Handbook of Women and Gender in Medieval Europe provides a comprehensive overview of the gender rules encountered in Europe in the period between approximately 500 and 1500 C.E. The essays collected in this volume speak to interpretative challenges common to all fields of women's and gender history - that is, how best to uncover the experiences of ordinary people from archives formed mainly by and about elite males, and how to combine social histories of lived experiences with cultural histories of gendered discourses and identities. The collection focuses on Western Europe in the Middle Ages but offers some consideration of medieval Islam and Byzantium. The Handbook is structured into seven sections: Christian, Jewish, and Muslim thought; law in theory and practice; domestic life and material culture; labour, land, and economy; bodies and sexualities; gender and holiness; and the interplay of continuity and change throughout the medieval period. It contains material from some of the foremost scholars in this field, and it not only serves as the major reference text in medieval and gender studies, but also provides an agenda for future new research.

    • History

Bishops, Clerks, and Diocesan Governance in Thirteenth-Century England

Reward and Punishment
Author: Michael Burger
Publisher: Cambridge University Press
ISBN: 1139536745
Category: History
Page: N.A
View: 9713
This book investigates how bishops deployed reward and punishment to control their administrative subordinates in thirteenth-century England. Bishops had few effective avenues available to them for disciplining their clerks and rarely pursued them, preferring to secure their service and loyalty through rewards. The chief reward was the benefice, often granted for life. Episcopal administrators' security of tenure in these benefices, however, made them free agents, allowing them to transfer from diocese to diocese or even leave administration altogether; they did not constitute a standing episcopal civil service. This tenuous bureaucratic relationship made the personal relationship between bishop and clerk more important. Ultimately, many bishops communicated in terms of friendship with their administrators, who responded with expressions of devotion. Michael Burger's study brings together ecclesiastical, social, legal and cultural history, producing the first synoptic study of thirteenth-century English diocesan administration in decades. His research provides an ecclesiastical counterpoint to numerous studies of bastard feudalism in secular contexts.

    • Political Science

The Role of the Arab-Islamic World in the Rise of the West

Implications for Contemporary Trans-Cultural Relations
Author: N. Al-Rodhan
Publisher: Springer
ISBN: 0230393217
Category: Political Science
Page: 241
View: 1240
This book takes a fascinating look at the role of the Arab-Islamic world in the rise of the West. It examines the cultural transmission of ideas and institutions in a number of key areas, including science, philosophy, humanism, law, finance, commerce, as well as the Arab-Islamic world's overall impact on the Reformation and the Renaissance.

    • Law

Law and Revolution, the Formation of the Western Legal Tradition


Author: Harold J. Berman
Publisher: Harvard University Press
ISBN: 9780674020856
Category: Law
Page: 672
View: 5672
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

    • Social Science

The Criminalization of Abortion in the West

Its Origins in Medieval Law
Author: Wolfgang P. Müller
Publisher: Cornell University Press
ISBN: 0801464625
Category: Social Science
Page: 280
View: 1394
Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.

    • Philosophy

Method in Metaphysics


Author: Andrew Beards
Publisher: University of Toronto Press
ISBN: 1442692367
Category: Philosophy
Page: 448
View: 4800
In the last few decades, analytical philosophers have rediscovered an interest in the subject of metaphysics. Surveying the contributions made by these philosophers, Method in Metaphysics initiates a critical dialogue between analytical metaphysics and the philosophy of Bernard Lonergan. It argues for a basic method in metaphysics, a method that arises from a critically grounded epistemology and cognitional theory. In addition, it serves as a much-needed overview and introduction to current trends in analytical metaphysics. Andrew Beards shows how Lonergan's philosophy can help to clarify not only particular issues in current debates but also the larger question of a basic method. He goes on to apply this method to topics at the forefront of discussions in contemporary philosophy - topics such as universals, tropes, events, causality, and the metaphysics of the self and the social. While the main focus of the study is on Lonergan and analytical philosophy, Beards also introduces the philosophies of Whitehead, Husserl, and Derrida into the debate. He brings Lonergan's critical realist philosophy into finely textured dialogue with a number of well-known contemporary metaphysicians such as Dummet, Putnam, Lewis, and Kripke.

    • Law

Lawyers in Practice

Ethical Decision Making in Context
Author: Leslie C. Levin,Lynn Mather
Publisher: University of Chicago Press
ISBN: 0226475158
Category: Law
Page: 386
View: 3289
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.