R. H. Helmholz - Böcker

Ius commune is the amalgamation of Roman and canon laws on the continent. Helmholz addresses the ius commune's relation to and influence on English law. He begins by observing that there were many overlapping areas between English institutions. Through four studies (the law of sanctuary, the law of compurgation, mortuaries and the law of custom, and civil jurisdiction and the clergy), he draws out the coincidences between English law and the ius commune and shows where they developed parallel bodies of doctrine. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.

This volume traces the reception and subsequent history of the canon law in England between 597 and 1649. It covers, amongst other topics, the Anglo-Saxon laws, both secular and spiritual; the establishment of consistory courts; and the fate of the canon law during and after the English reformation.Secondly, this volume addresses the subjects under ecclesiastical jurisdiction: Civil procedure and the Law of Proof; monetary obligations and economic regulation; testamentary law and probate jurisdiction; tithes and spiritual dues; churches and the clergy; marriage and divorce; defamation; and crimes and criminal procedure. These subjects are examined using evidence from later medieval and early modern court records, and the volume seeks to place them within the context of formal canon law. The volume also places ecclesiastical jurisdiction within the context of English society and the English common law.

This is a history of the privilege in law against self-incrimination, demonstrating that what is sometimes considered an unchanging tenet of the legal system has actually encompassed many different legal consequences. The book seeks to uncover what the privilege meant in practice, and traces its history from its origins in the medieval period to its first appearance in English common law; and from its translation to the American colonies to its development into an effective protection for criminal defendants in the 19th century. The authors aim to show that the modern privilege, "the right to remain silent", is far from being a basic civil liberty. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This study seeks to provide a revision of our understanding of an important aspect of both criminal and constitutional law.

This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.

In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. R. H. Helmholz provides an extensive examination of the manuscript records of the ecclesiastical courts and professional literature of the English civilians. Rebutting the views of Maitland and others, he shows how English looked to the Continent for guidance and authority in administering the system of justice they had inherited from the Middle Ages. Intellectual links between England and the Continent are shown to have survived the Reformation and the abolition of papal jurisdiction. The extent to which papal material was still used in England during the sixteenth and seventeenth centuries will interest all readers and surprise many.

In this book one of the world's foremost legal historians draws upon the evidence of the canon law, court records and the English common-law system to demonstrate the extent to which, contrary to received wisdom, Roman canon law survived in England after the upheavals of the Protestant Reformation. R. H. Helmholz provides an extensive examination of the manuscript records of the ecclesiastical courts and professional literature of the English civilians. Rebutting the views of Maitland and others, he shows how English looked to the Continent for guidance and authority in administering the system of justice they had inherited from the Middle Ages. Intellectual links between England and the Continent are shown to have survived the Reformation and the abolition of papal jurisdiction. The extent to which papal material was still used in England during the sixteenth and seventeenth centuries will interest all readers and surprise many.

The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War.R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Despite the long reach of classical canon law—across Europe, well into modern times, and into such secular subjects as theft, wills, and the sale of goods—it has been the subject of far too few general studies in English. Illuminating the basic nature of the canon, this work explores the roles of moral, social, political, and religious values in the laws' development through the seventeenth century. At the same time, R. H. Helmholz makes relevant the attitudes and formal techniques of the laws' authors, practitioners, and interpreters.Helmholz first discusses the origins of the canon law; the collection of texts, known as the Corpus iuris canonici, which form its foundation; the basic sources on which the Corpus draws, including the Bible and Roman law; and the body of juristic commentary on the Corpus. He then considers, in turn, fourteen of the major areas affected by the laws such as the governance of the Church (in particular the law of election of bishops), the sacraments (baptism), and legal sanctions (the law of excommunication).In conclusion, Helmholz points to three common themes that characterize the laws and their implementation: their close connection with the goals and ideals of the Gregorian reform movement, a concern for the spiritual health of all concerned parties, and an interest in securing justice and protection for the unfortunate. Helmholz also comments on the lawyerly skill of the men who devoted their careers to the canon law and the law's ambitious goals. He does not shrink from describing its unpalatable aspects, such as its acceptance of slavery, its restrictions on religious freedom, and its use as an instrument of the clergy's agenda.The size and complexity of the body of church law and its jurisprudence have kept historians in many fields from appreciating how this topic might enrich their studies. The Spirit of Classical Canon Law provides them with the ideal entree.

The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

Historians of the English legal profession have written comparatively little about the lawyers who served in the courts of the Church. This volume fills a gap; it investigates the law by which they were governed and discusses their careers in legal practice. Using sources drawn from the Roman and canon laws and also from manuscripts found in local archives, R. H. Helmholz brings together previously published work and new evidence about the professional careers of these men. His book covers the careers of many lesser known ecclesiastical lawyers, dealing with their education in law, their reaction to the coming of the Reformation, and their relationship with English common lawyers on the eve of the Civil War. Making connections with the European ius commune, this volume will be of special interest to English and Continental legal historians, as well as to students of the relationship between law and religion.

Historians of the English legal profession have written comparatively little about the lawyers who served in the courts of the Church. This volume fills a gap; it investigates the law by which they were governed and discusses their careers in legal practice. Using sources drawn from the Roman and canon laws and also from manuscripts found in local archives, R. H. Helmholz brings together previously published work and new evidence about the professional careers of these men. His book covers the careers of many lesser known ecclesiastical lawyers, dealing with their education in law, their reaction to the coming of the Reformation, and their relationship with English common lawyers on the eve of the Civil War. Making connections with the European ius commune, this volume will be of special interest to English and Continental legal historians, as well as to students of the relationship between law and religion.