The Laws of War in the Late Middle Ages

The Laws of War in the Late Middle Ages
Author: Maurice Keen
Publisher: Routledge
Total Pages: 238
Release: 2015-10-05
Genre: History
ISBN: 1317397584

Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law of arms’. This book, originally published in 1965, examines this soldiers’ code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.

The Laws of Yesterday’s Wars

The Laws of Yesterday’s Wars
Author: Samuel C. Duckett White
Publisher: BRILL
Total Pages: 234
Release: 2021-12-20
Genre: Law
ISBN: 9004464298

This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War.

Peace Treaties and International Law in European History

Peace Treaties and International Law in European History
Author: Randall Lesaffer
Publisher: Cambridge University Press
Total Pages: 505
Release: 2004-08-19
Genre: Law
ISBN: 1139453785

In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.

The Cambridge History of Medieval Canon Law

The Cambridge History of Medieval Canon Law
Author: Anders Winroth
Publisher: Cambridge University Press
Total Pages: 738
Release: 2022-01-27
Genre: History
ISBN: 1009063952

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.

The Laws of War in the Late Middle Ages

The Laws of War in the Late Middle Ages
Author: Maurice Keen
Publisher: Routledge
Total Pages: 306
Release: 2015-10-05
Genre: History
ISBN: 1317397592

Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law of arms’. This book, originally published in 1965, examines this soldiers’ code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.

The Medieval Foundations of International Law

The Medieval Foundations of International Law
Author: Dante Fedele
Publisher: BRILL
Total Pages: 719
Release: 2021-04-26
Genre: History
ISBN: 9004447121

Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).

The Just War in the Middle Ages

The Just War in the Middle Ages
Author: Frederick H. Russell
Publisher: Cambridge University Press
Total Pages: 232
Release: 1975-10-16
Genre: History
ISBN: 9780521206907

The first systematic attempt to reconstruct from original manuscript sources and early printed books the medieval doctrines relating to the just war, the holy war and the crusade. Despite the frequency of wars and armed conflicts throughout the course of western history, no comprehensive survey has previously been made of the justifications of warfare that were elaborated by Roman lawyers, canon lawyers and theologians in the twelfth and thirteenth century universities. After a brief survey of theories of the just war in antiquity, with emphasis on Cicero and Augustine, and of thought on early medieval warfare, the central chapters are devoted to scholastics such as Pope Innocent IV, Hostiensis and Thomas Aquinas. Professor Russell attempts to correlate theories of the just war with political and intellectual development in the Middle Ages. His conclusion evaluates the just war in the light of late medieval and early modern statecraft and poses questions about its compatibility with Christian ethics and its validity within international law.

Aspects of War in the Late Middle Ages

Aspects of War in the Late Middle Ages
Author: Christopher Allmand
Publisher: Taylor & Francis
Total Pages: 240
Release: 2022-06-30
Genre: History
ISBN: 1000576523

This Variorum collection of articles is intended to illustrate that conflict in the late Middle Ages was not only about soldiers and fighting (about the makers and the making of war), important as these were. Just as it remains in our own day, war was a subject which attracted writers (commentators, moralists and social critics among them), some of whom glorified war, while others did not. For the historian the written word is important evidence of how war, and those taking part in it, might be regarded by the wider society. One question was supremely important: what was the standing among their contemporaries of those who fought society’s wars? How was war seen on the moral scale of the time? The last two sections deal with a particular war, the ‘occupation’ of northern France by the English between 1420 and 1450. The men who conquered the duchy, and then served to keep it under English control for those years, had to be rewarded with lands, titles, administrative and military responsibilities, even (for the clergy) ecclesiastical benefices. For these, war spelt ‘opportunity’, whose advantages they would be reluctant to surrender. The final irony lies in the fact that Frenchmen, returning to claim their ancestral rights once the English had been driven out, frequently found it difficult to unravel both the legal and the practical consequences of a war which had caused a considerable upheaval in Norman society over a period of a single generation. (CS 1106).

A World History of War Crimes

A World History of War Crimes
Author: Michael Bryant
Publisher: Bloomsbury Publishing
Total Pages: 305
Release: 2015-12-17
Genre: History
ISBN: 1472507908

A World History of War Crimes provides a truly global history of war crimes and the involvement of the legal systems faced with these acts. Documenting the long historical arc traced by human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal norms, this book provides a comprehensive one-volume account of war and the laws that have governed conflict since the dawn of world civilizations. Throughout his narrative, Michael Bryant locates the origin and evolution of the law of war in the interplay between different cultures. While showing that no single philosophical idea underlay the law of war in world history, this volume also proves that war in global civilization has rarely been an anarchic free-for-all. Rather, from its beginnings warfare has been subject to certain constraints defined by the unique needs and cosmological understandings of the cultures that produce them. Only in late modernity has law assumed its current international humanitarian form. The criminalization of war crimes in international courts today is only the most recent development of the ancient theme of constraining when and how war may be fought.