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Vernacular Law
  • Language: en

Vernacular Law

  • Categories: Law

Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation - in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular - had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.

Vernacular Law
  • Language: en
  • Pages: 431

Vernacular Law

  • Categories: Law

Custom was fundamental to medieval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the medieval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualized in writing. Based on French lawbooks known as coutumiers, Ada Maria Kuskowski traces the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.

Law, Governance, and Justice
  • Language: en
  • Pages: 358

Law, Governance, and Justice

  • Type: Book
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  • Published: 2013-01-11
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  • Publisher: BRILL

How law and governance operated in medieval England - and whether contemporaries saw justice in its operations - have long generated scholarly discussions. 13 scholars, established and younger figures, historians and literary analysts, offer their new views in this volume.

Space in the Medieval West
  • Language: en
  • Pages: 266

Space in the Medieval West

  • Type: Book
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  • Published: 2016-04-01
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  • Publisher: Routledge

In the last two decades, research on spatial paradigms and practices has gained momentum across disciplines and vastly different periods, including the field of medieval studies. Responding to this ’spatial turn’ in the humanities, the essays collected here generate new ideas about how medieval space was defined, constructed, and practiced in Europe, particularly in France. Essays are grouped thematically and in three parts, from specific sites, through the broader shaping of territory by means of socially constructed networks, to the larger geographical realm. The resulting collection builds on existing scholarship but brings new insight, situating medieval constructions of space in relation to contemporary conceptions of the subject.

Pain, Penance, and Protest
  • Language: en
  • Pages: 489

Pain, Penance, and Protest

An examination of peine fort et dure, the coercive medieval punishment for defendants refusing to plead to criminal indictments.

Law and Language in the Middle Ages
  • Language: en
  • Pages: 318

Law and Language in the Middle Ages

  • Type: Book
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  • Published: 2018-07-10
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  • Publisher: BRILL

Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.

Law Addressing Diversity
  • Language: en
  • Pages: 354

Law Addressing Diversity

Of late, historians have been realising that South Asia and Europe have more in common than a particular strand in the historiography on "the rise of the West" would have us believe. In both world regions a plurality of languages, religions, and types of belonging by birth was in premodern times matched by a plurality of legal systems and practices. This volume describes case-by-case the points where law and social diversity intersected.

Reassessing the Articles on the Responsibility of International Organizations
  • Language: en
  • Pages: 317

Reassessing the Articles on the Responsibility of International Organizations

  • Categories: Law

This title contains one or more Open Access chapters. This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies.

Royal Bastards
  • Language: en
  • Pages: 327

Royal Bastards

The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both pa...

Warranty Obligations in Western France, 1040–1270
  • Language: en
  • Pages: 140

Warranty Obligations in Western France, 1040–1270

  • Categories: Law

This open access book examines warranty obligations in western France during the central Middle Ages. Warranty refers to the commitments that an individual undertook when alienating property to protect the transfer from outside challenge, and to provide compensation if they failed to defend a transaction successfully. The subject has never received a full-length study before, meaning that scholars’ interpretation of warranty is marred by a number of untested generalisations. Warranty has generally only been viewed as a thirteenth-century development owing to the influence of Roman law and changes in family structure. This book, therefore, considers the evidence for warranty in western Fran...