Droit et coutume en France aux XIIe et XIIIe siécles PDF Download
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Author: André Gouron
Publisher: Taylor & Francis
ISBN: 1040244785
Category : History
Languages : en
Pages : 323
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Book Description
This third volume by André Gouron brings together a widely scattered set of articles on Roman law in medieval France and its influence. The first group of papers is concerned with the medieval history of Roman law itself, while the two following sections look at how it contributed to the (perfectionnement) of canon law, on the one hand, and to the emergence of customary law on the other. As the author would see it, there are the three aspects of the inexorable advance, if not of a science, at least of a clear effort towards logical clarification, which revolutionised law in the 12th and 13th centuries, first in southern Europe, but soon in the west and north too. At the same time, these studies help reveal some of the complex network of intellectual links that underlay these developments.
Author: André Gouron
Publisher: Taylor & Francis
ISBN: 1040244785
Category : History
Languages : en
Pages : 323
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Book Description
This third volume by André Gouron brings together a widely scattered set of articles on Roman law in medieval France and its influence. The first group of papers is concerned with the medieval history of Roman law itself, while the two following sections look at how it contributed to the (perfectionnement) of canon law, on the one hand, and to the emergence of customary law on the other. As the author would see it, there are the three aspects of the inexorable advance, if not of a science, at least of a clear effort towards logical clarification, which revolutionised law in the 12th and 13th centuries, first in southern Europe, but soon in the west and north too. At the same time, these studies help reveal some of the complex network of intellectual links that underlay these developments.
Author: Robert Feenstra
Publisher: Taylor & Francis
ISBN: 1000948080
Category : History
Languages : en
Pages : 354
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Book Description
This third selection of articles by Robert Feenstra complements the two previously published, continuing his studies of doctrines of private law and of texts related to university teaching from the 13th century into the early modern period. In the section on private law, some pieces deal with the Middle Ages, while others focus on Hugo Grotius. Property is again an important topic, but this time joined by legal personality (foundations) and negligence (vicarious liability included). The studies on the history of texts are mainly concerned with works dating from the 14th and 15th centuries. One is devoted to a little-known civil law teacher at the University of Orléans and his commentary on a part of the Digest. The four others deal with treatises belonging to the so-called 'vulgarisation' of the 'droit savant' (medieval Roman and Canon law); most of these include important contributions to the history of early printing (incunabula and post-incunabula). Cette troisième sélection d'articles de Robert Feenstra complète les deux précédentes; elle constitue la suite de ses études sur les doctrines de droit privé et sur des textes se rapportant à l'enseignement universitaire du XIIIe jusqu'au XVIIIe siècle. Dans la section consacrée au droit privé, quelques articles s'occupent en premier lieu du moyen âge, d'autres focalisent sur Hugo Grotius. La propriété est de nouveau un sujet important, mais elle se trouve en compagnie de la personnalité juridique (notamment par rapport aux fondations) et de la responsabilité civile (y compris la responsabilité du fait d'autrui). Les études sur l'histoire des textes concernent surtout quelques ouvrages du XIVe et du XVe siècle. La première est consacrée à un professeur de droit civil peu connu de l'université d'Orléans et à son commentaire sur l'une des trois parties du Digeste. Les quatre autres s'occupent de traités appartenant à la "vulgarisation" du droit savant (droit romain et droit canonique au moye
Author: David De Concilio
Publisher: BRILL
ISBN: 9004713239
Category : History
Languages : en
Pages : 478
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Book Description
The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu. This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
Author: James A. Brundage
Publisher: University of Chicago Press
ISBN: 0226077616
Category : History
Languages : en
Pages : 626
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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: Edward Wheatley
Publisher: University of Michigan Press
ISBN: 0472117203
Category : History
Languages : en
Pages : 299
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Book Description
"Bold, deeply learned, and important, offering a provocative thesis that is worked out through legal and archival materials and in subtle and original readings of literary texts. Absolutely new in content and significantly innovative in methodology and argument, Stumbling Blocks Before the Blind offers a cultural geography of medieval blindness that invites us to be more discriminating about how we think of geographies of disability today." ---Christopher Baswell, Columbia University "A challenging, interesting, and timely book that is also very well written . . . Wheatley has researched and brought together a leitmotiv that I never would have guessed was so pervasive, so intriguing, so worthy of a book." ---Jody Enders, University of California, Santa Barbara Stumbling Blocks Before the Blind presents the first comprehensive exploration of a disability in the Middle Ages, drawing on the literature, history, art history, and religious discourse of England and France. It relates current theories of disability to the cultural and institutional constructions of blindness in the eleventh through fifteenth centuries, examining the surprising differences in the treatment of blind people and the responses to blindness in these two countries. The book shows that pernicious attitudes about blindness were partially offset by innovations and ameliorations---social; literary; and, to an extent, medical---that began to foster a fuller understanding and acceptance of blindness. A number of practices and institutions in France, both positive and negative---blinding as punishment, the foundation of hospices for the blind, and some medical treatment---resulted in not only attitudes that commodified human sight but also inhumane satire against the blind in French literature, both secular and religious. Anglo-Saxon and later medieval England differed markedly in all three of these areas, and the less prominent position of blind people in society resulted in noticeably fewer cruel representations in literature. This book will interest students of literature, history, art history, and religion because it will provide clear contexts for considering any medieval artifact relating to blindness---a literary text, a historical document, a theological treatise, or a work of art. For some readers, the book will serve as an introduction to the field of disability studies, an area of increasing interest both within and outside of the academy. Edward Wheatley is Surtz Professor of Medieval Literature at Loyola University, Chicago.
Author: Marc Bloch
Publisher: Routledge
ISBN: 1134955820
Category : History
Languages : en
Pages : 240
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Book Description
Feudal Society discusses the social and economic conditions in which feudalism developed providing a deep understanding of the processes at work in medieval Europe.
Author: Christof Rolker
Publisher: CUA Press
ISBN: 0813237572
Category : Religion
Languages : en
Pages : 567
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Book Description
This monograph addresses the history of canon law in Western Europe between ca. 1000 and ca. 1150, specifically the collections compiled and the councils held in that time. The main part consists of an analysis of all major collections, taking into account their formal and material sources, the social and political context of their origin, the manuscript transmission, and their reception more generally. As most collections are not available in reliable editions, a considerable part of the discussion involves the analysis of medieval manuscripts. Specialized research is available for many but not all these works, but tends to be scattered across miscellaneous publications in English, German, French, Italian, and Spanish; one purpose of the book is thus to provide relatively uniform, up-to-date accounts of all major collections of the period. At the same time, the book argues that the collections are much more directly influenced by the social milieux from which they emerged, and that more groups were involved in the development of high medieval canon law than it has previously been thought. In particular, the book seeks to replace the still widely held belief that the development of canon law in the century before Gratian's Decretum (ca. 1140) was largely driven by the Reform papacy. Instead, it is crucial to take into account the contribution of bishops, monks, and other groups with often conflicting interests. Put briefly, local needs and conflicts played a considerably more important role than central (papal) 'reform', on which older scholarship has largely focused.
Author: Massimo Vallerani
Publisher: CUA Press
ISBN: 081321971X
Category : History
Languages : en
Pages : 401
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Book Description
In a series of essays based on surviving documents of actual court practices from Perugia and Bologna, as well as laws, statutes, and theoretical works from the 12th and 13th centuries, Massimo Vallerani offers important historical insights into the establishment of a trial-based public justice system.
Author: David Napolitano
Publisher: Bloomsbury Publishing
ISBN: 1350272825
Category : History
Languages : en
Pages : 281
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Book Description
Offering a broad exploration of the cultural history of democracy in the medieval age, this volume claims that, though not generally associated with the term, the Middle Ages deserve to be included in a general history of democracy. The term was never widely employed during this period, the dominant attitude towards democracy was outright hostility, and none of the medieval polities thought of itself as a democracy. Despite this, this study highlights a wide variety of ideas, practices, procedures, and institutions that, although different from their ancient predecessor (direct democracy) or modern successor (liberal representative democracy), played a significant role in the history of democracy. This volume covers almost 1,000 years and a wide range of territories. It deals with different political spheres (ecclesiastical and secular) and socio-political settings (courtly, urban, and rural) and examines the phenomenon from the local level up to the universal realm. This volume adopts a broad cultural approach and is structured thematically. Each chapter takes a theme as its focus: sovereignty; liberty and the rule of law; the common good; economic and social democracy; religion and the principles of political obligation; citizenship and gender; ethnicity, race, and nationalism; democratic crises, revolutions, and civil resistance; international relations; and the scalability of democracy beyond the limits of a single city. These ten themes add up to an extensive, synoptic coverage of the subject.
Author: Susan Reynolds
Publisher: Taylor & Francis
ISBN: 1000683516
Category : History
Languages : en
Pages : 190
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Book Description
This book contains essays written over the past 25 years about medieval urban communities and about the loyalties and beliefs of medieval lay people in general. Most writing about medieval religious, political, legal, and social ideas starts from treatises written by academics and assumes that ideas trickled down from the clergy to the laity. Susan Reynolds, whether writing about the struggles for liberty of small English towns, the national solidarities of the Anglo-Saxons, or the capacity of medieval peasants to formulate their own attitudes to religion, rejects this assumption. She suggests that the medieval laity had ideas of their own that deserve to be taken seriously.
