Medieval Law and Its Practice - Böcker

Llawysgrif Pomffred presents for the first time an edition of an overlooked Welsh law manuscript, Peniarth 259B. This is an important and groundbreaking edition which will contribute to our understanding of the relationship and development of the Welsh law texts. The manuscript contains a law text of the Cyfnerth redaction, seen to be the earliest of the Welsh law redactions, and it also has a lengthy tail of additional material which is largely practical in nature, and seems to reflect the legal situation in the March of Wales, with English and Welsh legal customs being mixed. The manuscript may have been given to a certain Einion ab Adda whilst he was in prison in Pontefract.

The essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of legal history as well as medieval social and economic history and textual studies. The topics explored include the Angevin reforms, legal literature, the legal profession and judiciary, land law, the relation between the crown and the Jews, the interaction of the Common Law with Canon and Civil Law, as well as procedural and testamentary procedures, the management of both ecclesiastical and lay estates and the afterlife of medieval learning. Like Brand’s own work, all the essays are grounded on detailed studies of primary sources. The result is a high quality scholarly book that will be of interest and use to medieval scholars, students and non-specialists with wide-ranging and varied interests.Contributors include Sir John H. Baker*, David Carpenter, David Crook, Charles Donahue, Jr, Barbara Harvey, Richard H. Helmholz, John Hudson, Paul Hyams, David J. Ibbetson, Susanne Jenks, Janet S. Loengard, Alexandra Nicol, Bruce R. O'Brien, Robert C. Palmer, Sandra Raban, Jonathan Rose, Henry Summerson and Sarah Tullis.*Professor Jon Baker is the winner of the American Society for Legal History’s 2013 Sutherland Prize. The prize, which is awarded annually, is for the best article on English legal history published in the previous year. The Prize was awarded to John baker for his article "Deeds Speak Louder Than Words: Covenants and the Law of Proof, 1290-1321" in Laws, Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand, ed. Susanne Jenks, Jonathan Rose and Christopher Whittick (2012). For more information about the Prize see: aslh.net/about-aslh/honors-awards-and-fellowships/sutherland-prize/.

In Scandinavia the study of disputes is still a relatively new topic: The papers offered here discuss how conflicts were handled in Scandinavian societies in the Middle Ages before the emergence of strong centralized states. What strategies did people use to contest power, property, rights, honour, and other kinds of material or symbolic assets? Seven essays by Scandinavian scholars are supplemented by contributions from Stephen White, John Hudson and Gerd Althoff, to provide a new baseline for discussing both the strategies pursued in the political game and those used to settle local disputes. Using practice and process as key analytical concepts, these authors explore formal law and litigation in conjunction with non-formal legal proceedings such as out-of-court mediation, rituals, emotional posturing, and feuding. Their insights place the Northern medieval world in a European context of dispute studies. With introductory sections on social structure, sources materials, and the historiography of Scandinavian dispute studies.Contributors are Gerd Althoff, Catharina Andersson, Kim Esmark, Lars Ivar Hansen, Lars Hermanson, John Hudson, Auður G. Magnúsdóttir, Hans Jacob Orning, Helle Vogt and Stephen D. White.

Medicine and the Law in the Middle Ages offers fresh insight into the intersection between these two distinct disciplines. A dozen authors address this intersection within three themes: medical matters in law and administration of law, professionalization and regulation of medicine, and medicine and law in hagiography. The articles include subjects such as medical expertise at law on assault, pregnancy, rape, homicide, and mental health; legal regulation of medicine; roles physicians and surgeons played in the process of professionalization; canon law regulations governing physical health and ecclesiastical leaders; and connections between saints’ judgments and the bodies of the penitent. Drawing on primary sources from England, France, Frisia, Germany, Ireland, Italy, Portugal, and Spain, the volume offers a truly international perspective. Contributors are Sara M. Butler, Joanna Carraway Vitiello, Jean Dangler, Carmel Ferragud, Fiona Harris-Stoertz, Maire Johnson, Hiram Kümper, Iona McCleery, Han Nijdam, Kira Robison, Donna Trembinski, Wendy J. Turner, and Katherine D. Watson.

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.

In Cum essem in Constantie, Martin John Cable presents a study of the Padua university jurist Raffaele Fulgosio (Fulgosius) (1367-1427) and his work as an advocate at the Council of Constance in 1414-15.Through the use of archival material and evidence drawn from Fulgosio’s works, the book reveals a vivid picture both of teaching practice at a medieval university and the life and output of a working lawyer in early fifteenth-century Italy.The book recreates much of Fulgosio’s workload at Constance and his involvement there in debates about representation, imperial and papal power and the Donation of Constantine.

This volume offers the first comprehensive account of the monetary logic that guided the payment of wergild and blood money in early medieval conflict resolution. In the early middle ages, wergild played multiple roles: it was used to measure a person’s status, to prevent and end conflicts, and to negotiate between an individual and the agents of statehood. This collection of interlocking essays by historians, philologists and jurists represents a major contribution to the study of law and society in Western Europe during the early Middle Ages.Contributors are Lukas Bothe, Warren Brown, Stefan Esders, Wolfgang Haubrichs, Paul Hyams, Tom Lambert, Ralph W. Mathisen, Rob Meens, Han Nijdam, Lisi Oliver, Harald Siems, Karl Ubl, and Helle Vogt.See inside the book.

In A Raven’s Battle-cry Charlene M. Eska presents a critical edition and translation of the previously unpublished medieval Irish legal tract Anfuigell. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information not found elsewhere in the medieval Irish legal corpus. Anfuigell contains a wide range of topics relating to the role of the judge in deciding difficult cases, including kingship, raiding, poets, shipwreck, marriage, fosterage, divorce, and contracts relating to land and livestock.

Law and Language in the Middle Ages investigates the encounter between law and legal practice from the linguistic perspective. The essays explore how legal language expresses and advances power relations, along with the ways in which the language of law legitimates power. The wide geographical and chronological scope showcases how power, legitimacy and language interact, moving the discussion beyond traditional issues of identity or the formation of nation-states and their institutions. What emerges are different strategies reflective of the diverse and pluralistic political, legal, and cultural worlds of the Middle Ages.Contributors are Michael H. Gelting, Dirk Heirbaut, Carole Hough, Anette Kremer, Ada Maria Kuskowski, Anders Leegaard Knudsen, André Marques, Matthew McHaffie, Bruce O’Brien, Paul Russell, Werner Schäfke, and Vincenz Schwab.

Contributions to this Festschrift for the renowned American legal and literary scholar William Ian Miller reflect the extraordinary intellectual range of the honorand, who is equally at home discussing legal history, Icelandic sagas, English literature, anger and violence, and contemporary popular culture. Professor Miller's colleagues and former students, including distinguished academic lawyers, historians, and literary scholars from the United States, Canada, and Europe, break important new ground by bringing little-known sources to a wider audience and by shedding new light on familiar sources through innovative modes of analysis.Contributors are Stuart Airlie, Theodore M. Andersson, Nora Bartlett, Robert Bartlett, Jordan Corrente Beck, Carol J. Clover, Lauren DesRosiers, William Eves, John Hudson, Elizabeth Papp Kamali, Kimberley-Joy Knight, Simon MacLean, M.W. McHaffie, Eva Miller, Hans Jacob Orning, Jamie Page, Susanne Pohl-Zucker, Amanda Strick, Helle Vogt, Mark D. West, and Stephen D. White.

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.

New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages.Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.

Gerd Althoff´s new book collects fifteen of his more recent contributions, most of them previously published in German, which elucidate the functioning of prestate societies. Examples from the Frankish and later German realm (800-1200) are used to clarify how rules and political rituals governed behavior in the power games between kings, churchmen and nobles. Such rules (Spielregeln) and rituals guided public and private behavior despite the fact that they existed only as unwritten customs. The long-overlooked significance of this way of establishing order has sparked a vivid and controversial international discussion in the last decades which continues today.

The Decretum Gratiani is the cornerstone of medieval canon law, and the manuscript St Gallen, Stiftsbibliothek, 673 an essential witness to its evolution. The studies in this volume focus on that manuscript, providing critical insights into its genesis, linguistic features, and use of Roman Law, while evaluating its attraction to medieval readers and modern scholars.Together, these studies offer a fascinating view on the evolution of the Decretum Gratiani, as well as granting new insights on the complex dynamics and processes by which legal knowledge was first created and then transferred in medieval jurisprudence.Contributors are Enrique de León, Stephan Dusil, Melodie H. Eichbauer, Atria A. Larson, Titus Lenherr, Philipp Lenz, Kenneth Pennington, Andreas Thier, José Miguel Viejo-Ximénez, John C. Wei, and Anders Winroth.

In this volume, Maciej Mikuła analyses the extant texts of the Ius municipale Magdeburgense, the most important collection of Magdeburg Law in late medieval Poland. He discusses the different translation traditions of the collection; the application of Magdeburg Law in cities; how differences between the versions could affect the application of the rights; and how the invention of printing influenced the principle of legal certainty. Mikuła ultimately shows that the differences between the texts not only influenced legal practice, but also bear out how complex the process was of the adaptation of Magdeburg Law.

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.

Charlene M. Eska presents in this book a critical edition and translation of a newly discovered early Irish legal text on lost and stolen property, Aidbred. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information, thus presenting us with a complete picture of the legal procedures involved in reclaiming missing property.This book also includes editions of two other texts concerning property found on land, Heptad 64, and at sea, Muirbretha. The three texts edited together provide a complete picture of this aspect of the early Irish legal system.

This is the first book in English providing a wide range of Byzantine legal sources. In six chapters, this book explains and illustrates Byzantine law through a selection of fundamental Byzantine legal sources, beginning with the sources before the time of Justinian, and extending up to AD 1453.For all sources English translations are provided next to the original Greek (and Latin) text. In some cases, tables or other features are included that help further elucidate the source and illustrate its nature. The volume offers a clear yet detailed primer to Byzantine law, its sources, and its significance.

Around 1485, the age-old compilation of Old Frisian customary law, partly dating back to the 11th century, was put into print. Latin glosses were included in the text with references to Canon and Roman law. This gloss tradition had come into being during the 13th and 14th centuries. This incunable came to be known as Freeska Landriucht or Frisian Land Law. This book presents its first edition with an English translation.

This book explores the complete history of Serbian law in the Middle Ages, covering the 12th to the 15th centuries, which until now has been largely unstudied in international scholarship.Firmly rooted in primary source research and showing strong awareness of the contemporary historical context, this comprehensive study examines different types of law – such as criminal law, constitutional law, and civil law – and the various legal systems and procedures in place during this time, offering a valuable synthesis while also presenting new views and novel interpretations of Serbian legal history.

How can dispute records shed light on the study of dispute settlement processes and their social and political underpinnings? This volume addresses this question by investigating the interplay between record-making, disputing process, and the social and political contexts of conflicts.The authors make use of exceptionally rich charter materials from the Iberian Peninsula, Italy, and Scandinavia, including different types of texts directly and indirectly related to conflicts, in order to contribute to a comparative survey of early medieval dispute records and to a better understanding of the interplay between judicial and other less formal modes of conflict resolution.Contributors are Isabel Alfonso, José M. Andrade, François Bougard, Warren C. Brown, Wendy Davies, Julio Escalona, Kim Esmark, Adam J. Kosto, Juan José Larrea, André Evangelista Marques, Josep M. Salrach, Igor Santos Salazar, and Francesca Tinti.

The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu.This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.