The Law Courts of Medieval England

The Law Courts of Medieval England
Author: A. Harding
Publisher: Routledge
Total Pages: 246
Release: 2019-06-26
Genre: History
ISBN: 0429558740

Originally published in 1973 The Law Courts of Medieval England looks at law courts as the most developed institutions existing in the medieval times. Communities crystallized upon them and the governments worked through them. This book describes the scope and procedures of the different courts, appointment of the judges, the beginnings of civil and criminal courts, the origin of the jury system and other aspects of the modern legal system. It is all shown by an analysis of actual reports of court cases of the time, giving a vivid picture of the life of the English people as well as of the ways of the professional lawyers, no less intricate than they are today.

Power and Justice in Medieval England

Power and Justice in Medieval England
Author: Joshua C. Tate
Publisher: Yale University Press
Total Pages: 270
Release: 2022-01-01
Genre: Law
ISBN: 0300163835

How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.

The History of Courts and Procedure in Medieval Canon Law

The History of Courts and Procedure in Medieval Canon Law
Author: Wilfried Hartmann
Publisher: CUA Press
Total Pages: 521
Release: 2016-09-09
Genre: History
ISBN: 0813229049

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.

Divorce in Medieval England

Divorce in Medieval England
Author: Sara Margaret Butler
Publisher: Routledge
Total Pages: 207
Release: 2013
Genre: Family & Relationships
ISBN: 0415825164

Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility.

Law in Common

Law in Common
Author: Tom Johnson
Publisher:
Total Pages: 339
Release: 2020
Genre: History
ISBN: 0198785615

Law in Common draws on a large body of unpublished archival material from local archives and libraries across the country, to show how ordinary people in the later Middle Ages - such as peasants, craftsmen, and townspeople - used law in their everyday lives, developing our understanding of the operation of late-medieval society and politics.

Felony and the Guilty Mind in Medieval England

Felony and the Guilty Mind in Medieval England
Author: Elizabeth Papp Kamali
Publisher: Cambridge University Press
Total Pages: 353
Release: 2019-08
Genre: History
ISBN: 1108498795

Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.

Town Courts and Urban Society in Late Medieval England, 1250-1500

Town Courts and Urban Society in Late Medieval England, 1250-1500
Author: Richard Goddard
Publisher:
Total Pages: 0
Release: 2019
Genre: History
ISBN: 9781783274253

First full analysis of the rich records surviving from medieval English town courts. Town courts were the principal institution responsible for the delivery of justice and urban administration within medieval towns. Their records survive in large quantities in archives across England, and they provide an unparalleled insight into the lives and work of thousands of men and women who lived in these towns. The court rolls tell us much about the practice of law at the local level within towns, as well as yielding a broad range of perspectiveson the economy, society and administration of towns. This volume is the first collection dedicated to the analysis of town courts and their records. Through a wide range of approaches, it offers new interpretations of the role that these courts played. It also demonstrates the wide range of uses to which court records can be put to in order to more fully understand medieval urban society. The volume draws on the records of a considerable number of towns and their courts across England, including London, York, Norwich, Lincoln, Nottingham, Lynn, Chester, Bromsgrove and Shipston-on-Stour. RICHARD GODDARD is Associate Professor in the Department of History at the University of Nottingham; TERESA PHIPPS is Honorary Research Fellow in the Department of History at Swansea University. Contributors: Christopher Dyer, Richard Goddard, Jeremy Goldberg, Alan Kissane, Maryanne Kowaleski, JaneLaughton, Esther Liberman Cuenca, Susan Maddock, Teresa Phipps, Samantha Sagui

Medieval Women and Urban Justice

Medieval Women and Urban Justice
Author: Teresa Phipps
Publisher:
Total Pages: 256
Release: 2020-03-05
Genre:
ISBN: 9781526134592

This is the first in-depth, comparative study of women's access to justice in medieval English towns. It compares the records of Nottingham, Chester and Winchester and a wide range of legal actions to highlight the variable nature of women's legal status in actions that arose from the complex, messy ties of everyday life.

When Should Law Forgive?

When Should Law Forgive?
Author: Martha Minow
Publisher: W. W. Norton & Company
Total Pages: 159
Release: 2019-09-24
Genre: Law
ISBN: 0393651827

“Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.