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Duels and bloodfeuds have long been regarded as essentially Continental phenomena, counter to the staid and orderly British ways of settling differences. In this surprising work of social and legal history, Paul R. Hyams reveals a post-Conquest England not all that different from the realms across the Channel. Drawing on a wide range of texts and the long history of argument about these texts, Hyams shatters the myth of English exceptionalism, the notion that while feud and vengeance prevailed in the lands of the Franks, England had advanced beyond such anarchic barbarism by the time of the Conquest and forged a centralized political and legal system. This book provides support for the notio...
The records of manorial courts have been used increasingly as the principal source for the reconstruction of rural and small town society in medieval England. They offer a unique source with which to investigate peasant demography, family patterns, the village community and economy, the characteristics and instruments of customary law, and the ways in which that law was perceived and exploited by landlords and tenants. The essays in this collection provide novel approaches to all of these themes and are written by many of the historians who have pioneered the use of this source category in the last two decades. In two introductory chapters, the editors review the historiography of manorial court rolls and account for their origins as a distinctive record of customary law within the broad context of medieval European society. A valuable appendix contains an inventory of the most comprehensive unprinted manorial court roll series arranged systematically on a county-to-county basis, detailing the repository in which they are located. This book will serve as an essential reference tool for any serious study of medieval English rural society.
This volume aims to balance the traditional literature available on medieval feuding with an exploration of other aspects of vengeance and culture in the Middle Ages. A diverse assortment of interdisciplinary essays from scholars in Europe and North America contest or enlarge traditional approaches to and interpretations of vengeance in the Middle Ages. Each essay attempts to clarify the multifaceted experience of vengeance within a specific medieval context—a particular region, a particular text, a particular social movement. By asking what relationship a distinct factor like authorship or religion has with the concept of vengeance, each author points towards the breadth of meanings of me...
This collection presents an innovative series of essays about the medieval culture of Feud and Violence. Featuring both prominent senior and younger scholars from the United States and Europe, the contributions offer various methods and points of view in their analyses. All, however, are indebted in some way to the work of Stephen D. White on legal culture, politics, and violence. White's work has frequently emphasized the importance of careful, closely focused readings of medieval sources as well as the need to take account of practice in relation to indigenous normative statements. His work has thus made historians of medieval political culture keenly aware of the ways in which various rhe...
The first full-length study of Scottish royal government in the twelfth and thirteenth centuries, detailing how, when, and where the kings of Scotland started ruling through their own officials, developing their own system of courts, and fundamentally extending their power over their own people.
Designed for those studying law for the first time, this book explores where the English common law came from.
Medieval Italian communes are known for their violence, feuds, and vendettas, yet beneath this tumult was a society preoccupied with peace. Peace and Penance in Late Medieval Italy is the first book to examine how civic peacemaking in the age of Dante was forged in the crucible of penitential religious practice. Focusing on Florence in the thirteenth and fourteenth centuries, an era known for violence and civil discord, Katherine Ludwig Jansen brilliantly illuminates how religious and political leaders used peace agreements for everything from bringing an end to neighborhood quarrels to restoring full citizenship to judicial exiles. She brings to light a treasure trove of unpublished evidenc...
This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decisionmaking having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conc...
In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.