Medieval Justice
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| Author | : Hunt Janin |
| Publisher | : McFarland |
| Total Pages | : 232 |
| Release | : 2009-10-15 |
| Genre | : History |
| ISBN | : 0786445025 |
A primer on medieval justice, this book focuses on France, Germany and England and covers the thousand years between the transformation of the Roman world in Western Europe, which took place around the 4th and 5th centuries, and the European Renaissance of the 14th and 15th centuries. It highlights key elements in the intricate, overlapping legal systems of the Middle Ages and describes a wide range of contemporary laws and cases. A discussion of the modern legacies of medieval law is included, as are a brief overview of the Inquisition, the 27 articles of Joan of Arc and useful commentary on many other topics. Illustrations range from the earliest known depictions of English courts and illuminations of torture to pictures of important sites, events, and instruments of punishment in medieval law.
| 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.
| 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.
| Author | : James A. Brundage |
| Publisher | : University of Chicago Press |
| Total Pages | : 714 |
| Release | : 2009-02-15 |
| Genre | : Law |
| ISBN | : 0226077896 |
This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History
| Author | : Laura Ikins Stern |
| Publisher | : |
| Total Pages | : 320 |
| Release | : 1994 |
| Genre | : History |
| ISBN | : |
Historians of medieval and Renaissance Italy have long held that the Florentine republic fell victim to rule by oligarchy in the early fifteenth century. Now, in the first complete analysis of the criminal law system of Florence during this crucial period, Laura Ikins Stern argues that the vitality of Florentine legal institutions gives evidence of a centralized state bureaucracy strong enough to thwart the early development of a ruling oligarchy. Exploring the changing roles played by judicial officials as well as the evolution of Florentine government, Stern shows how these developments reflected broad-based change in society at large. From such primary documents as legal statutes and actual trial records, she provides a step-by-step explanation of trial procedure to offer a rare glimpse of inquisition methods in the secular world--from public fame initiation, through the weighing of various levels of proof, to the complex process of sentencing. And sheexplores the links between implementation of inquisition procedure, the development of the territorial state, and the struggle between republican institutions and the emerging oligarchy. The Johns Hopkins University Studies in Historical and Political Science.
| Author | : Sarah Rubin Blanshei |
| Publisher | : BRILL |
| Total Pages | : 682 |
| Release | : 2010 |
| Genre | : History |
| ISBN | : 9004182853 |
Utilizing a uniquely rich collection of trial records and council meeting minutes from late medieval Bologna, this book offers the first study of summary justice and oligarchy in an Italian commune, demonstrating how new legal institutions arose in response to the increasingly exclusionary policies of the popolo government.
| 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.
| Author | : Trevor Dean |
| Publisher | : Cambridge University Press |
| Total Pages | : 180 |
| Release | : 2007-08-02 |
| Genre | : History |
| ISBN | : 1139466151 |
In this important study, Trevor Dean examines the history of crime and criminal justice in Italy from the mid-thirteenth to the end of the fifteenth century. The book contains studies of the most frequent types of prosecuted crime such as violence, theft and insult, along with the rarely prosecuted sorcery and sex crimes. Drawing on a diverse and innovative range of sources, including legislation, legal opinions, prosecutions, chronicles and works of fiction, Dean demonstrates how knowledge of the history of criminal justice can illuminate our wider understanding of the Middle Ages. Issues and instruments of criminal justice reflected the structure and operation of state power; they were an essential element in the evolution of cities and they provided raw material for fictions. Furthermore, the study of judicial records provides insight into a wide range of social situations, from domestic violence to the oppression of ethnic minorities.
| Author | : Martha Minow |
| Publisher | : W. W. Norton & Company |
| Total Pages | : 256 |
| 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.
| Author | : Daniel Lord Smail |
| Publisher | : Cornell University Press |
| Total Pages | : 293 |
| Release | : 2013-04-15 |
| Genre | : History |
| ISBN | : 0801468787 |
In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.
