Author: Mario Ascheri
Publisher: BRILL
ISBN: 9004252568
Category : History
Languages : en
Pages : 443
Book Description
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
The Laws of Late Medieval Italy (1000-1500)
Author: Mario Ascheri
Publisher: BRILL
ISBN: 9004252568
Category : History
Languages : en
Pages : 443
Book Description
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Publisher: BRILL
ISBN: 9004252568
Category : History
Languages : en
Pages : 443
Book Description
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Medieval Canon Law
Author: James A. Brundage
Publisher: Taylor & Francis
ISBN: 1000631494
Category : History
Languages : en
Pages : 266
Book Description
It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.
Publisher: Taylor & Francis
ISBN: 1000631494
Category : History
Languages : en
Pages : 266
Book Description
It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.
Peace and Penance in Late Medieval Italy
Author: Katherine Ludwig Jansen
Publisher: Princeton University Press
ISBN: 0691203245
Category : History
Languages : en
Pages : 278
Book Description
Medieval Italian communes are known for their violence, feuds, and vendettas, yet beneath this tumult was a society preoccupied with peace. Peace and Penance in Late Medieval Italy is the first book to examine how civic peacemaking in the age of Dante was forged in the crucible of penitential religious practice. Focusing on Florence in the thirteenth and fourteenth centuries, an era known for violence and civil discord, Katherine Ludwig Jansen brilliantly illuminates how religious and political leaders used peace agreements for everything from bringing an end to neighborhood quarrels to restoring full citizenship to judicial exiles. She brings to light a treasure trove of unpublished evidence from notarial archives and supports it with sermons, hagiography, political treatises, and chronicle accounts. She paints a vivid picture of life in an Italian commune, a socially and politically unstable world that strove to achieve peace. Jansen also assembles a wealth of visual material from the period, illustrating for the first time how the kiss of peace—a ritual gesture borrowed from the Catholic Mass—was incorporated into the settlement of secular disputes. Breaking new ground in the study of peacemaking in the Middle Ages, Peace and Penance in Late Medieval Italy adds an entirely new dimension to our understanding of Italian culture in this turbulent age by showing how peace was conceived, memorialized, and occasionally achieved.
Publisher: Princeton University Press
ISBN: 0691203245
Category : History
Languages : en
Pages : 278
Book Description
Medieval Italian communes are known for their violence, feuds, and vendettas, yet beneath this tumult was a society preoccupied with peace. Peace and Penance in Late Medieval Italy is the first book to examine how civic peacemaking in the age of Dante was forged in the crucible of penitential religious practice. Focusing on Florence in the thirteenth and fourteenth centuries, an era known for violence and civil discord, Katherine Ludwig Jansen brilliantly illuminates how religious and political leaders used peace agreements for everything from bringing an end to neighborhood quarrels to restoring full citizenship to judicial exiles. She brings to light a treasure trove of unpublished evidence from notarial archives and supports it with sermons, hagiography, political treatises, and chronicle accounts. She paints a vivid picture of life in an Italian commune, a socially and politically unstable world that strove to achieve peace. Jansen also assembles a wealth of visual material from the period, illustrating for the first time how the kiss of peace—a ritual gesture borrowed from the Catholic Mass—was incorporated into the settlement of secular disputes. Breaking new ground in the study of peacemaking in the Middle Ages, Peace and Penance in Late Medieval Italy adds an entirely new dimension to our understanding of Italian culture in this turbulent age by showing how peace was conceived, memorialized, and occasionally achieved.
Jurists and Jurisprudence in Medieval Italy
Author: Osvaldo Cavallar
Publisher: University of Toronto Press
ISBN: 1487536348
Category : History
Languages : en
Pages : 894
Book Description
Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.
Publisher: University of Toronto Press
ISBN: 1487536348
Category : History
Languages : en
Pages : 894
Book Description
Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.
Marriage Litigation in the Western Church, 12151517
Author: Wolfgang P. Müller
Publisher: Cambridge University Press
ISBN: 1108845428
Category : History
Languages : en
Pages : 279
Book Description
Examines how late medieval church courts were used for marriage cases, and how this varied dramatically across Europe.
Publisher: Cambridge University Press
ISBN: 1108845428
Category : History
Languages : en
Pages : 279
Book Description
Examines how late medieval church courts were used for marriage cases, and how this varied dramatically across Europe.
Public Justice and the Criminal Trial in Late Medieval Italy
Author: Joanna Carraway Vitiello
Publisher: BRILL
ISBN: 9004311351
Category : History
Languages : en
Pages : 231
Book Description
In Public Justice and the Criminal Trial in Late Medieval Italy: Reggio Emilia in the Visconti Age, Joanna Carraway Vitiello examines the criminal trial at the end of the fourteenth century. Inquisition procedure, in which a powerful judge largely controlled the trial process, was in regular use in the criminal court at Reggio. Yet during the period considered in this study, technical procedural developments combined with the political realities of the town to create a system of justice that prosecuted crime but also encouraged dispute resolution. Following the stages of the process, including investigation, denunciation, the weighing of evidence, and the verdict, this study investigates the court’s complex role as a vehicle for both personal justice and prosecution in the public interest.
Publisher: BRILL
ISBN: 9004311351
Category : History
Languages : en
Pages : 231
Book Description
In Public Justice and the Criminal Trial in Late Medieval Italy: Reggio Emilia in the Visconti Age, Joanna Carraway Vitiello examines the criminal trial at the end of the fourteenth century. Inquisition procedure, in which a powerful judge largely controlled the trial process, was in regular use in the criminal court at Reggio. Yet during the period considered in this study, technical procedural developments combined with the political realities of the town to create a system of justice that prosecuted crime but also encouraged dispute resolution. Following the stages of the process, including investigation, denunciation, the weighing of evidence, and the verdict, this study investigates the court’s complex role as a vehicle for both personal justice and prosecution in the public interest.
Ars Notoria: The Notory Art of Solomon
Author:
Publisher: Simon and Schuster
ISBN: 164411528X
Category : Body, Mind & Spirit
Languages : en
Pages : 896
Book Description
A new translation of the classic magical text from the original Latin • Learn how medieval magicians conducted the rituals of angelic magic for quickly learning scholastic knowledge by means of prayers and figures • Provides a complete translation of Ars Notoria, both the short and long versions based on Julien Veronese’s critical Latin edition • Includes the first translation of The Work of Works (Opus Operum), The Short Art (Ars Brevis), the abridged version attributed to Thomas of Toledo, and The Pauline Art (Ars Paulina) • Presents all of the original figures (notae), essential for inspection during ritual The magical treatise Ars Notoria offers a secret account of how King Solomon gained his famed wisdom and learning through sacred magic, revealed to him by the angel Pamphilius, thereby expanding upon the biblical narrative of Solomon’s vision from God. Solomon’s magical writings were transmitted to the first-century philosopher Apollonius of Tyana, who provided a commentary titled Flores Aurei (Golden Flowers) that is contained within Ars Notoria. Ars Notoria first appeared in the 13th century, when its prayers and techniques for rapidly acquiring the seven liberal arts—grammar, logic, rhetoric, arithmetic, music, geometry, and astronomy— made it the earliest representation of European angel magic. The text presents a complete system of magic consisting of prayers addressed to angels, using figures called notae, for the purpose of gaining scholastic and heavenly knowledge. Due to its rising popularity among university students, the magical ritual was reworked time and again, producing five treatises dating from the 13th to 15th centuries—Opus Operum (Work of Works), Liber Florum Celestis Doctrine (Book of Flowers of Heavenly Teaching) composed by John of Morigny, Ars Brevis (Short Art), Ars Abbreviata (an abridged version attributed to Thomas of Toledo), and Ars Paulina (Pauline Art [of the Seven Figures])—thereby establishing an entire notorial art tradition. In this new and complete translation of Ars Notoria, based on Julien Véronèse’s critical Latin edition, translator Matthias Castle presents—for the first time in English—the complete classic magical text, both short and long versions, including four of the later treatises. Castle explains how these theurgic ritual practices were performed, giving special attention to all the original pictorial figures (notae), and how the art of memory relates to angelic magic. Providing practical instruction, extensive commentary, and in-depth background research and annotations, Ars Notoria: The Notory Art of Solomon is an essential sourcebook on angelic magic for scholars and magicians alike.
Publisher: Simon and Schuster
ISBN: 164411528X
Category : Body, Mind & Spirit
Languages : en
Pages : 896
Book Description
A new translation of the classic magical text from the original Latin • Learn how medieval magicians conducted the rituals of angelic magic for quickly learning scholastic knowledge by means of prayers and figures • Provides a complete translation of Ars Notoria, both the short and long versions based on Julien Veronese’s critical Latin edition • Includes the first translation of The Work of Works (Opus Operum), The Short Art (Ars Brevis), the abridged version attributed to Thomas of Toledo, and The Pauline Art (Ars Paulina) • Presents all of the original figures (notae), essential for inspection during ritual The magical treatise Ars Notoria offers a secret account of how King Solomon gained his famed wisdom and learning through sacred magic, revealed to him by the angel Pamphilius, thereby expanding upon the biblical narrative of Solomon’s vision from God. Solomon’s magical writings were transmitted to the first-century philosopher Apollonius of Tyana, who provided a commentary titled Flores Aurei (Golden Flowers) that is contained within Ars Notoria. Ars Notoria first appeared in the 13th century, when its prayers and techniques for rapidly acquiring the seven liberal arts—grammar, logic, rhetoric, arithmetic, music, geometry, and astronomy— made it the earliest representation of European angel magic. The text presents a complete system of magic consisting of prayers addressed to angels, using figures called notae, for the purpose of gaining scholastic and heavenly knowledge. Due to its rising popularity among university students, the magical ritual was reworked time and again, producing five treatises dating from the 13th to 15th centuries—Opus Operum (Work of Works), Liber Florum Celestis Doctrine (Book of Flowers of Heavenly Teaching) composed by John of Morigny, Ars Brevis (Short Art), Ars Abbreviata (an abridged version attributed to Thomas of Toledo), and Ars Paulina (Pauline Art [of the Seven Figures])—thereby establishing an entire notorial art tradition. In this new and complete translation of Ars Notoria, based on Julien Véronèse’s critical Latin edition, translator Matthias Castle presents—for the first time in English—the complete classic magical text, both short and long versions, including four of the later treatises. Castle explains how these theurgic ritual practices were performed, giving special attention to all the original pictorial figures (notae), and how the art of memory relates to angelic magic. Providing practical instruction, extensive commentary, and in-depth background research and annotations, Ars Notoria: The Notory Art of Solomon is an essential sourcebook on angelic magic for scholars and magicians alike.
The Cambridge History of Latin American Law in Global Perspective
Author: Thomas Duve
Publisher: Cambridge University Press
ISBN: 1009058843
Category : History
Languages : en
Pages : 1048
Book Description
Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 1009058843
Category : History
Languages : en
Pages : 1048
Book Description
Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.
Colonial Justice and the Jews of Venetian Crete
Author: Rena N. Lauer
Publisher: University of Pennsylvania Press
ISBN: 0812250885
Category : History
Languages : en
Pages : 304
Book Description
When Venice conquered Crete in the early thirteenth century, a significant population of Jews lived in the capital and main port city of Candia. This community grew, diversified, and flourished both culturally and economically throughout the period of Venetian rule, and although it adhered to traditional Jewish ways of life, the community also readily engaged with the broader population and the island's Venetian colonial government. In Colonial Justice and the Jews of Venetian Crete, Rena N. Lauer tells the story of this unusual and little-known community through the lens of its flexible use of the legal systems at its disposal. Grounding the book in richly detailed studies of individuals and judicial cases—concerning matters as prosaic as taxation and as dramatic as bigamy and murder—Lauer brings the Jews of Candia vibrantly to life. Despite general rabbinic disapproval of such behavior elsewhere in medieval Europe, Crete's Jews regularly turned not only to their own religious courts but also to the secular Venetian judicial system. There they aired disputes between family members, business partners, spouses, and even the leaders of their community. And with their use of secular justice as both symptom and cause, Lauer contends, Crete's Jews grew more open and flexible, confident in their identity and experiencing little of the anti-Judaism increasingly suffered by their coreligionists in Western Europe.
Publisher: University of Pennsylvania Press
ISBN: 0812250885
Category : History
Languages : en
Pages : 304
Book Description
When Venice conquered Crete in the early thirteenth century, a significant population of Jews lived in the capital and main port city of Candia. This community grew, diversified, and flourished both culturally and economically throughout the period of Venetian rule, and although it adhered to traditional Jewish ways of life, the community also readily engaged with the broader population and the island's Venetian colonial government. In Colonial Justice and the Jews of Venetian Crete, Rena N. Lauer tells the story of this unusual and little-known community through the lens of its flexible use of the legal systems at its disposal. Grounding the book in richly detailed studies of individuals and judicial cases—concerning matters as prosaic as taxation and as dramatic as bigamy and murder—Lauer brings the Jews of Candia vibrantly to life. Despite general rabbinic disapproval of such behavior elsewhere in medieval Europe, Crete's Jews regularly turned not only to their own religious courts but also to the secular Venetian judicial system. There they aired disputes between family members, business partners, spouses, and even the leaders of their community. And with their use of secular justice as both symptom and cause, Lauer contends, Crete's Jews grew more open and flexible, confident in their identity and experiencing little of the anti-Judaism increasingly suffered by their coreligionists in Western Europe.
Rights at the Margins
Author: Virpi Mäkinen
Publisher: BRILL
ISBN: 9004431535
Category : History
Languages : en
Pages : 277
Book Description
The essays in this volume explore the ways rights were available to those in the margins of society. By tracing pivotal judicial concepts such as ‘right of necessity’ and ‘subjective rights’ back to their medieval versions, and by situating them in unexpected contexts such as the Franciscans’ theory of poverty and colonization or today’s immigration and border control, this volume invites its readers to consider whether individual rights were in fact, or at least in theory, available to the marginalized. By focusing not only on the economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, this book also sheds light on the relationship between the early history of individual rights and social justice at the margins. Contributors are: Wim Decock, Heikki Haara, Virpi Mäkinen, Alejandra Mancilla, Julia McClure, Ilse Paakkinen, Mikko Posti, Jonathan Robinson, John Salter, Pamela Slotte, and Jussi Varkemaa.
Publisher: BRILL
ISBN: 9004431535
Category : History
Languages : en
Pages : 277
Book Description
The essays in this volume explore the ways rights were available to those in the margins of society. By tracing pivotal judicial concepts such as ‘right of necessity’ and ‘subjective rights’ back to their medieval versions, and by situating them in unexpected contexts such as the Franciscans’ theory of poverty and colonization or today’s immigration and border control, this volume invites its readers to consider whether individual rights were in fact, or at least in theory, available to the marginalized. By focusing not only on the economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, this book also sheds light on the relationship between the early history of individual rights and social justice at the margins. Contributors are: Wim Decock, Heikki Haara, Virpi Mäkinen, Alejandra Mancilla, Julia McClure, Ilse Paakkinen, Mikko Posti, Jonathan Robinson, John Salter, Pamela Slotte, and Jussi Varkemaa.