By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
Author: R. H. Helmholz
Publisher: Oxford University Press on Demand
Release Date: 2003
"The Oxford History of the Laws of England" provides a detailed survey of the development of English law and its institutions from the earliest times until the twentieth century, drawing heavily upon recent research using unpublished materials.
Author: Mark W. Elliott
Publisher: Wipf and Stock Publishers
Release Date: 2011-12-15
This commentary weaves together the interpretations of Christian exegetes, spanning the past two thousand years, who have concerned themselves with that most mysterious of texts, the book of Leviticus. Even when their commentaries seem most fanciful, the depths of meaning of the Hebrew text comes through in all its many and diverse translations and applications. What we discover is evidence of a biblical text at work in some of the most eloquent of spokespersons throughout the generations. The third book of the Bible is happily enjoying a resurgence of interest in Jewish and Christian quarters alike, being received as a book for the life of the faithful community. What is attempted here is the story of its Western-Christian reception.
Author: Donald R. Davis, Jr
Publisher: Cambridge University Press
Release Date: 2010-01-21
Law is too often perceived solely as state-based rules and institutions that provide a rational alternative to religious rites and ancestral customs. The Spirit of Hindu Law uses the Hindu legal tradition as a heuristic tool to question this view and reveal the close linkage between law and religion. Emphasizing the household, the family, and everyday relationships as additional social locations of law, it contends that law itself can be understood as a theology of ordinary life. An introduction to traditional Hindu law and jurisprudence, this book is structured around key legal concepts such as the sources of law and authority, the laws of persons and things, procedure, punishment and legal practice. It combines investigation of key themes from Sanskrit legal texts with discussion of Hindu theology and ethics, as well as thorough examination of broader comparative issues in law and religion.
Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
Release Date: 2012-10-12
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author: Maureen Mulholland
Publisher: Manchester University Press
Release Date: 2003-06-28
This book is about trials, civil and criminal, ecclesiastical and secular, in England and Europe between the 13th and the 17th centuries. It provides a rounded view of trials conducted according to different procedures within contrasting legal systems, including English common law and Roman canon law. It considers the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defenses they put forward.
Author: Bernard G. Weiss
Publisher: University of Georgia Press
Release Date: 2006
Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
Author: Joseph W. Dellapenna
Release Date: 2006
In Roe v. Wade, Justice Harry Blackmun structured the argument of the majority around the history of abortion laws. That history built on the work of law professor Cyril Means, Jr., and historian James Mohr. Means and Mohr proclaim four theses as summarizing the “true” history of abortion in England and America: (1) Abortion was not a crime “at common law” (before the enactment of abortion statutes in the nineteenth century. (2) Abortion was common and relatively safe during this time.(3) Abortion statutes were enacted in the nineteenth century in order to protect the life of the mother rather than the life of the embryo or fetus.(4) The moving force behind the nineteenth-century statutes was the attempt of the male medical profession to suppress competition from competing practitioners of alternative forms of medicine.This book dispels these myths and sets forth the true history of abortion and abortion law in English and American society. Anglo- American law always treated abortion as a serious crime, generally including early in pregnancy. Prosecutions and even executions go back 800 years in England, establishing law that carried over to colonial America. The reasons offered for these prosecutions and penalties consistently focused on protecting the life of the unborn child. This unbroken tradition refutes the claims that unborn children have not been treated as persons in our law or as persons under the Constitution of the United States.
Author: Norman Doe
Publisher: Oxford University Press on Demand
Release Date: 1998
There is no recognized corpus of binding law globally applicable to all Churches in the Anglican Communion. Ostensibly, each Church is autonomous, free to make rules to facilitate and to order its internal life. This book, which is global in scope and will be of interest throughout the world, makes available for the first time a comparative study of the Constitutions, Canons, and other forms of law of Churches in the worldwide Anglican Communion. Does analysis draws out the similarities and differences between them and, from the coincidence of actual laws and from global ecclesiastical conventions enunciated by the Lambeth Conference, he elucidates the global principles of Anglican canon law that may apply to all Churches in the Communion. The subjects examined include: government; ministry; doctrine and liturgy; rites; property; inter-church relations; and ecumenism. Does thorough and practical analysis of a hitherto under-explored subject is placed squarely within its jurisprudential and theological context, and will be welcomed by both practitioners and scholars. For those within the Anglican Communion, his book offers a wealth of information enabling individual Churches to see how fellow Churches are organized. For those without, the book provides a valuable insight into Anglican government and law.