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Based on legislation and legal practice from the period c. 1250-1600 the book takes issue with the most important viewpoints in earlier research by early modernists: that the Reformation represented a watershed in a development characterized by greater criminalisation of sexual acts, increase in the severity of sentences and deterioration of the position of women. According to this study, in principle all or mostly all factors were already in place in the Middle Ages. In Norwegian historiography the period investigated is characterized by paucity of sources, and the period has tended to fall between two stools, respectively the medievalist and the early modernist. The ambition of this book has been to bridge the gap.
This volume brings together a set of papers by international scholars, distinguished in their own right, in honor of James Brundage. Each contribution corresponds to an important focus of Brundage's own work. The connection between the development of medieval legal thought and constitutional ideas is the theme that marks the first section, while the second centres on the growth of the legal profession. The following papers explore the intersection of law and marriage and finally the influence of legal thinking on the crusading movement.
Jean Porter is John A. O Brien Professor of Theology at the University of Notre Dame. Her other books include Natural and Divine Law and Nature as Reason.
This book offers a comprehensive examination of how the Fourth Lateran Council’s prohibition against trial by ordeal was implemented in Danish secular law and how it required both a fundamental restructuring of legal procedure and an entirely different approach to jurisprudence in practice.
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Reflecting the focus but also range of their honorand's work in medieval canon law in the era before Gratian, the essays in this volume explore the creation and transmission of canonical texts and the motives of their compilers. They also address the issues of how the law was interpreted and used by diverse audiences in the earlier middle ages, with especial focus on the eleventh and early twelfth centuries.
The volume Planning for Death: Wills and Death-Related Property Arrangements in Europe, 1200-1600 analyses death-related property transfers in several European regions (England, Poland, Italy, South Tirol, and Sweden). Laws and customary practice provided a legal framework for all post-mortem property devolution. However, personal preference and varied succession strategies meant that individuals could plan for death by various legal means. These individual legal acts could include matrimonial property arrangements (marriage contracts, morning gifts) and legal means of altering heirship by subtracting or adding heirs. Wills and testamentary practice are given special attention, while the volume also discusses the timing of the legal acts, suggesting that while some people made careful and timely arrangements, others only reacted to sudden events. Contributors are Christian Hagen, R.H. Helmholz, Mia Korpiola, Anu Lahtinen, Marko Lamberg, Margareth Lanzinger, Janine Maegraith, Federica Masè, Anthony Musson, Tuula Rantala, Elsa Trolle Önnerfors, and Jakub Wysmułek.
Historians typically single out the hundred-year period from about 1050 to 1150 as the pivotal moment in the history of the Latin Church, for it was then that the Gregorian Reform movement established the ecclesiastical structure that would ensure Rome’s dominance throughout the Middle Ages and beyond. In Before the Gregorian Reform John Howe challenges this familiar narrative by examining earlier, "pre-Gregorian" reform efforts within the Church. He finds that they were more extensive and widespread than previously thought and that they actually established a foundation for the subsequent Gregorian Reform movement. The low point in the history of Christendom came in the late ninth and ear...
The Use of Canon Law in Ecclesiastical Administration, 1000–1234 explores the integration of canon law within administration and society in the central Middle Ages. Grounded in the careers of ecclesiastical administrators, each essay serves as a case study that couples law with social, political or intellectual developments. Together, the essays seek to integrate the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice. The essays therefore both place law into the wider developments of the long twelfth century but also highlight points of continuity throughout the period. Contributors are Greta Austin, Bruce C. Brasington, Kathleen G. Cushing, Stephan Dusil, Louis I. Hamilton, Mia Münster-Swendsen, William L. North, John S. Ott, and Jason Taliadoros.
The role of migration for Christianity as a world religion during the last two centuries has drawn considerable attention from scholars in different fields. The main issue this book seeks to address is the question whether and to what extent migration and diaspora formation should be considered as elements of a new historiography of global Christianity, including the reflection upon earlier epochs. By focusing on migration and diaspora, the emerging map of Christianity will include the dimension of movement and interaction between actors in different regions, providing a more comprehensive ‘map of agency’ of individuals and groups previously regarded as passive. Furthermore, local histories will become parts of a broader picture and historiography might correlate both local and transregional perspectives in a balanced manner. Behind this approach lies the desire to broaden the perspective of Ecclesiastical History – and religious history in general – in a more systematic manner by questioning the traditional criteria of selection. This might help us to recover previously lost actors and forgotten dynamics.