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This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section ...
Theorizing Legal Personhood in Late Medieval England is a collection of eleven essays that explore what might be distinctly medieval and particularly English about legal personhood vis-à-vis the jurisdictional pluralism of late medieval England. Spanning the mid-thirteenth to the mid-sixteenth centuries, the essays in this volume draw on common law, statute law, canon law and natural law in order to investigate emerging and shifting definitions of personhood at the confluence of legal and literary imaginations. These essays contribute new insights into the workings of specific literary texts and provide us with a better grasp of the cultural work of legal argument within the histories of ethics, of the self, and of Eurocentrism. Contributors are Valerie Allen, Candace Barrington, Conrad van Dijk, Toy Fung Tung, Helen Hickey, Andrew Hope, Jana Mathews, Anthony Musson, Eve Salisbury, Jamie Taylor and R.F. Yeager.
This book examines the development of legal professionalism in the early English common law, with specific reference to the 13th-century treatise known as Bracton and to its likely authors.
This volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.
First full-length study of the use and perception of deceit in medieval warfare. Deception and trickery are a universal feature of warfare, from the Trojan horse to the inflatable tanks of the Second World War. The wars of the Central Middle Ages (c. 1000-1320) were no exception. This book looks at the various tricks reported in medieval chronicles, from the Normans feigning flight at the battle of Hastings (1066) to draw the English off Senlac Hill, to the Turks who infiltrated the Frankish camp at the Field of Blood (1119) disguised as bird sellers, to the Scottish camp followers descending on the field of Bannockburn (1314) waving laundry as banners to mimic a division of soldiers. This s...
A new understanding of the transformative effect of vernacular writing on customary law in medieval France.
Ecclesia et Violentia is an interdisciplinary anthology that explores the phenomenon of violence in relation to the medieval Church, as well as within the structures of that institution. The volume provides a clearer understanding of hostile and violent acts against both religious institutions and clergy, and explores the interpersonal aggression between clergymen or forms of violent behaviour of medieval clerics. It investigates, furthermore, the role of violence in maintaining discipline within religious communities, as well as religious, legal and cultural interpretations of the aforementioned issues. However, despite the many points of view expressed here, the central question the author...
In late medieval England, cloistered nuns, like all substantial property owners, engaged in nearly constant litigation to defend their holdings. They did so using attorneys (proctors), advocates and other ""men of law"" who actually conducted that litigation in the courts of Church and Crown, following the increased professionalism of legal practitioners during the twelfth and thirteenth centuries. However, although lawyers were as crucial to the economic vitality of the nunneries as the patrons who endowed them, their role in protecting, augmenting or depleting monastic assets has never been.
Bartolomé de las Casas, O.P.: History, Philosophy, and Theology in the Age of European Expansion marks a critical point in Lascasian scholarship. The result of the collaborative work of seventeen prominent scholars, contributions span the fields of history, Latin American studies, literary criticism, philosophy and theology. The volume offers to specialists and non-specialists alike access to a rich and thoughtful overview of nascent colonial Latin American and early modern Iberian studies in a single text. Contributors: Rolena Adorno; Matthew Restall; David Thomas Orique, O.P.; Rady Roldán-Figueroa; Carlos A. Jáuregui; David Solodkow; Alicia Mayer; Claus Dierksmeier; Daniel R. Brunstetter; Víctor Zorrilla; Luis Fernando Restrepo; David Lantigua; Ramón Darío Valdivia Giménez; Eyda M. Merediz; Laura Dierksmeier; Guillaume Candela, and Armando Lampe.
The focus of this volume is on ministry to the sick and dying in the later Middle Ages, especially providing them with the sacraments. Medieval writers linked illness to sin and its forgiveness. The priest, as physician of souls, was expected to heal the soul, preparing it for the hereafter. His ministry might also effect healing of bodies, when that healing did not endanger the soul. This book treats how a priest prepared to visit sick persons and went to them in procession with the Eucharist and oil of the sick. The priest was to comfort the patient and, if death was imminent, prepare the soul for the hereafter. Canon law, theology, and ritual sources are employed. Three sacraments, penanc...