Author: Guido Kisch
Publisher:
ISBN:
Category :
Languages : en
Pages : 35

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Author: Guido Kisch
Publisher:
ISBN:
Category : Law, Medieval
Languages : en
Pages : 8

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Author: James A. Brundage
Publisher: ReadHowYouWant.com
ISBN: 1459605802
Category : History
Languages : en
Pages : 650

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Book Description
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.

Author:
Publisher:
ISBN:
Category : Literature, Medieval
Languages : en
Pages : 30

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Book Description
No. 6-10 include the report of the Mediaeval Academy of America.

Author: Anders Winroth
Publisher: Cambridge University Press
ISBN: 1009063952
Category : History
Languages : en
Pages : 738

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Book Description
Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.

Author: Wilfried Hartmann
Publisher: CUA Press
ISBN: 0813229049
Category : History
Languages : en
Pages : 521

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Book Description
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.

Author: Morton J. HORWITZ
Publisher: Harvard University Press
ISBN: 0674038789
Category : Law
Languages : en
Pages : 378

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Book Description
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Author:
Publisher: BRILL
ISBN: 9004232575
Category : History
Languages : en
Pages : 440

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Book Description
The essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of legal history as well as medieval social and economic history and textual studies. The topics explored include the Angevin reforms, legal literature, the legal profession and judiciary, land law, the relation between the crown and the Jews, the interaction of the Common Law with Canon and Civil Law, as well as procedural and testamentary procedures, the management of both ecclesiastical and lay estates and the afterlife of medieval learning. Like Brand’s own work, all the essays are grounded on detailed studies of primary sources. The result is a high quality scholarly book that will be of interest and use to medieval scholars, students and non-specialists with wide-ranging and varied interests. Contributors include Sir John H. Baker*, David Carpenter, David Crook, Charles Donahue, Jr, Barbara Harvey, Richard H. Helmholz, John Hudson, Paul Hyams, David J. Ibbetson, Susanne Jenks, Janet S. Loengard, Alexandra Nicol, Bruce R. O'Brien, Robert C. Palmer, Sandra Raban, Jonathan Rose, Henry Summerson and Sarah Tullis. *Professor Jon Baker is the winner of the American Society for Legal History’s 2013 Sutherland Prize. The prize, which is awarded annually, is for the best article on English legal history published in the previous year. The Prize was awarded to John baker for his article “Deeds Speak Louder Than Words: Covenants and the Law of Proof, 1290-1321" in Laws, Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand, ed. Susanne Jenks, Jonathan Rose and Christopher Whittick (2012). For more information about the Prize see: http://aslh.net/about-aslh/honors-awards-and-fellowships/sutherland-prize/

Author: Guido Kisch
Publisher:
ISBN:
Category : Jews
Languages : de
Pages : 48

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Author: Wilfried Hartmann
Publisher: CUA Press
ISBN: 0813214912
Category : Law
Languages : en
Pages : 457

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Book Description
This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.