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Custom, Law, and Monarchy
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
The Rule of Law, Economic Development, and Corporate Governance
Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences between the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The author shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance.
Handbook of Medieval Studies
This interdisciplinary handbook provides extensive information about research in medieval studies and its most important results over the last decades. The handbook is a reference work which enables the readers to quickly and purposely gain insight into the important research discussions and to inform themselves about the current status of research in the field. The handbook consists of four parts. The first, large section offers articles on all of the main disciplines and discussions of the field. The second section presents articles on the key concepts of modern medieval studies and the debates therein. The third section is a lexicon of the most important text genres of the Middle Ages. The fourth section provides an international bio-bibliographical lexicon of the most prominent medievalists in all disciplines. A comprehensive bibliography rounds off the compendium. The result is a reference work which exhaustively documents the current status of research in medieval studies and brings the disciplines and experts of the field together.
Montaigne
A definitive biography of the great French essayist and thinker One of the most important writers and thinkers of the Renaissance, Michel de Montaigne (1533–92) helped invent a literary genre that seemed more modern than anything that had come before. But did he do it, as he suggests in his Essays, by retreating to his chateau and stoically detaching himself from his violent times? Philippe Desan overturns this long standing myth by showing that Montaigne was constantly connected to and concerned with realizing his political ambitions—and that the literary and philosophical character of the Essays largely depends on them. Desan shows how Montaigne conceived of each edition of the Essays as an indispensable prerequisite to the next stage of his public career. It was only after his political failure that Montaigne took refuge in literature, and even then it was his political experience that enabled him to find the right tone for his genre. The most comprehensive and authoritative biography of Montaigne yet written, this sweeping narrative offers a fascinating new picture of his life and work.
The Historical Foundations of Grotius’ Analysis of Delict
The Historical Foundations of Grotius’ Analysis of Delict explores the origins of a generalised model of liability for wrongdoing in the history of European private law. Using Grotius as its focal point, it analyses the extent to which earlier civilian and theological doctrine shaped his views. It divides Grotius’ approach into three elements – the infringement of a right, fault, and remediation – and traces the development of parallel concepts in earlier traditions. It argues that Grotius was influenced by the writings of Thomists to a far greater extent than has previously been acknowledged, virtually eclipsing any sign of civilian influence except where Romanist learning had already been incorporated into theological doctrine.
Law and Religion
Wim Decockcollects contributions by internationally renowned experts in law, history and religion on the impact of the Reformations on law, jurisprudence and moral theology. The overall impression conveyed by the essays is that on the level of substantive doctrine (the legal teachings) there seems to be more continuity between Protestant and Catholic, or, for that matter, between medieval and early modern jurisprudence and theology than usually expected. As it is illustrated with regards to topics ranging from just war doctrine over business ethics to marriage law, at the very least there appears to have been an on-going conversation between jurists and theologians across the confessional divide. This does not prevent some contributions from highlighting that on the institutional level, for instance in university politics, radical tensions between Reformers and Counter-Reformers played a paramount role. This book also offers approaches to the relationship between Church(es) and State(s) in the early modern period and to the practical as well as doctrinal use of natural law in both Protestant and Catholic lands.
Vernacular 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.
Aristocratic Women in Medieval France
Were aristocratic women in medieval France little more than appendages to patrilineal families, valued as objects of exchange and necessary only for the production of male heirs? Such was the view proposed by the great French historian Georges Duby more than three decades ago and still widely accepted. In Aristocratic Women in Medieval France another model is put forth: women of the landholding elite—from countesses down to the wives of ordinary knights—had considerable rights, and exercised surprising power. The authors of the volume offer five case studies of women from the mid-eleventh through the thirteenth centuries, and from regions as diverse as Blois-Chartres, Champagne, Flanders...
Ideas and Contexts in France and England from the Renaissance to the Romantics
These essays examine the thought and works of a series of writers on political thought, religion, historiography and literature, from the 16th century to the 19th. Throughout, the author is concerned to situate individual thinkers in the context of their times and, in many of the essays, to illuminate the links between intellectual currents in France and England. Particular topics include Gallicanism, Neostoicism, the historical novel, and constitutionalism, while the figures dealt with range from Bodin and Hotman in the Renaissance, to Descartes and La Rochefoucauld in the Grand Siècle and Condorcet and Diderot in the Enlightenment. Less familiar figures include the Oxford historian, Degory Wheare, and the French constitutional theorist, Henrion de Pansey. Among the topics treated in the Romantic era are comparisons between the French and English revolutions, and the French obsession with Oliver Cromwell.
The Libri Feudorum (the ‘Books of Fiefs’)
The Libri Feudorum (the ‘books of fiefs’) are the earliest written body of feudal customs in Europe, codified in northern Italy c.1100-1250, which gave rise to feudal law as a branch of civil law. Their role in shaping modern ideas of feudalism has aroused an intense debate among medievalists, leading to deep re-thinking of the ‘feudal’ vocabulary and categories. This book offers an up-to-date English translation with a working Latin text introduced by a historical and historiographical overview of the Libri, thereby providing a valuable tool to understanding the long-standing importance of this collection over nine centuries of European history.
