The Medieval Origins of the Legal Profession

Author: James A. Brundage
Publisher: ReadHowYouWant.com
ISBN: 9781459605800
Release Date: 2010-10-01
Genre: History

In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

The Measure of Woman

Author: Marie A. Kelleher
Publisher: University of Pennsylvania Press
ISBN: 9780812205343
Release Date: 2011-06-06
Genre: History

By the end of the Middle Ages, the ius commune—the combination of canon and Roman law—had formed the basis for all law in continental Europe, along with its patriarchal system of categorizing women. Throughout medieval Europe, women regularly found themselves in court, suing or being sued, defending themselves against criminal accusations, or prosecuting others for crimes committed against them or their families. Yet choosing to litigate entailed accepting the conceptual vocabulary of the learned law, thereby reinforcing the very legal and social notions that often subordinated them. In The Measure of Woman Marie A. Kelleher explores the complex relationship between women and legal culture in Spain's Crown of Aragon during the late medieval period. Aragonese courts measured women according to three factors: their status in relation to men, their relative sexual respectability, and their conformity to ideas about the female sex as a whole. Yet in spite of this situation, Kelleher argues, women were able to play a crucial role in shaping their own legal identities while working within the parameters of the written law. The Measure of Woman reveals that women were not passive recipients—or even victims—of the legal system. Rather, medieval women actively used the conceptual vocabulary of the law, engaging with patriarchal legal assumptions as part of their litigation strategies. In the process, they played an important role in the formation of a gendered legal culture that would shape the lives of women throughout Western Europe and beyond for centuries to come.

Law as Profession and Practice in Medieval Europe

Author: Melodie Harris Eichbauer
Publisher: Routledge
ISBN: 9781317107682
Release Date: 2016-04-15
Genre: Law

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 by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.

Law Person and Community

Author: John J. Coughlin
Publisher: Oxford University Press
ISBN: 9780199877188
Release Date: 2012-03-16
Genre: Law

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities.

Dissolving Royal Marriages

Author: David d'Avray
Publisher: Cambridge University Press
ISBN: 9781107062504
Release Date: 2014-07-24
Genre: History

This book offers a chronological and geographical study of royal divorce cases from the Middle Ages through to the Reformation period.

The Oxford Handbook of Women and Gender in Medieval Europe

Author: Judith M. Bennett
Publisher: OUP Oxford
ISBN: 9780191667305
Release Date: 2013-08-22
Genre: History

The Oxford Handbook of Women and Gender in Medieval Europe provides a comprehensive overview of the gender rules encountered in Europe in the period between approximately 500 and 1500 C.E. The essays collected in this volume speak to interpretative challenges common to all fields of women's and gender history - that is, how best to uncover the experiences of ordinary people from archives formed mainly by and about elite males, and how to combine social histories of lived experiences with cultural histories of gendered discourses and identities. The collection focuses on Western Europe in the Middle Ages but offers some consideration of medieval Islam and Byzantium. The Handbook is structured into seven sections: Christian, Jewish, and Muslim thought; law in theory and practice; domestic life and material culture; labour, land, and economy; bodies and sexualities; gender and holiness; and the interplay of continuity and change throughout the medieval period. It contains material from some of the foremost scholars in this field, and it not only serves as the major reference text in medieval and gender studies, but also provides an agenda for future new research.

The Role of the Arab Islamic World in the Rise of the West

Author: N. Al-Rodhan
Publisher: Springer
ISBN: 9780230393219
Release Date: 2012-08-21
Genre: Political Science

This book takes a fascinating look at the role of the Arab-Islamic world in the rise of the West. It examines the cultural transmission of ideas and institutions in a number of key areas, including science, philosophy, humanism, law, finance, commerce, as well as the Arab-Islamic world's overall impact on the Reformation and the Renaissance.

Papacy Monarchy and Marriage 860 1600

Author: David d'Avray
Publisher: Cambridge University Press
ISBN: 9781316299272
Release Date: 2015-03-30
Genre: History

This analysis of royal marriage cases across seven centuries explains how and how far popes controlled royal entry into and exits from their marriages. In the period between c.860 and 1600, the personal lives of kings became the business of the papacy. d'Avray explores the rationale for papal involvement in royal marriages and uses them to analyse the structure of church-state relations. The marital problems of the Carolingian Lothar II, of English kings - John, Henry III, and Henry VIII - and other monarchs, especially Spanish and French, up to Henri IV of France and La Reine Margot, have their place in this exploration of how canon law came to constrain pragmatic political manoeuvring within a system increasingly rationalised from the mid-thirteenth century on. Using documents presented in the author's Dissolving Royal Marriages, the argument brings out hidden connections between legal formality, annulments, and dispensations, at the highest social level.

Law Sex and Christian Society in Medieval Europe

Author: James A. Brundage
Publisher: University of Chicago Press
ISBN: 0226077896
Release Date: 2009-02-15
Genre: Law

This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

Freie Advocatur

Author: Rudolf Gneist
Publisher: Springer
ISBN: BSB:BSB10554109
Release Date: 1867
Genre: Law


History of the Common Law

Author: John H. Langbein
Publisher: Aspen Publishers
ISBN: STANFORD:36105134454110
Release Date: 2009
Genre: Law

This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States. History of the Common Law offers: dynamic teaching materials that include primary sources, scholarship, summaries, notes, and questions judiciously selected and edited sources over 250 illustrations--many in full color "Living Law "units that connect legal-historical developments to modern law an illustrated timeline that highlights key dates a comprehensive Teacher's Manual, with suggestions for using the book in a two- or three-credit course Vivid writing, engaging source materials, and lavish illustrations breathe life into nearly 1,000 years of Anglo-American legal history. Concise summaries, manageable extracts, clear organization, and a detailed Teacher's Manual consistently support your teaching. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected]