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Book
xvii, 234 pages ; 25 cm.
  • Introduction
  • The court framework in Anglo-Saxon and Anglo-Norman England
  • Violence and theft in Anglo-Saxon and Anglo-Norman England
  • Law and land-holding in Anglo-Saxon England
  • Law and land-holding in Anglo-Norman England
  • Angevin reform
  • Crime and the Angevin reforms
  • Law and land-holding in Angevin England
  • Magna carta and the formation of the English common law.
Law Library (Crown)
Book
xiv, 311 pages ; 24 cm.
Law Library (Crown)
Book
xvi, 390 pages ; 25 cm
  • Introduction: Approaching law and order in the early Middle Ages
  • Law before Æthelberht
  • Kingship, legislation, and punishment in the seventh century
  • Royal administration and legal practice to the early tenth century
  • Substantive legal change
  • Ideals of kingship and order
  • Local legal practice and royal control
  • Rights and revenues
  • Conclusion: Continuity, change, and the Norman conquest.
Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King Aethelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its.
(source: Nielsen Book Data)9780198786313 20170605
Law Library (Crown)
Book
xv, 409 pages : illustrations ; 24 cm.
  • Introduction
  • The evolution of social norms relating to the assistance of others
  • Legal responses to the corruption of justice
  • The early litigation, 1272-1327
  • Efforts to deal with corruption of justice in the reign of Edward III
  • Criminal and civil litigation in the reign of Edward III
  • Maintenance and medieval literature
  • Changes in the late medieval period
  • The development of the law of maintenance : legitimate maintenance
  • The development of the law of maintenance : illegal maintenance
  • Livery
  • Achieving the legislative objectives of maintenance statutes
  • Conclusion.
This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.
(source: Nielsen Book Data)9781107043985 20170807
Law Library (Crown)
Book
vii, 324 pages : illustrations, maps ; 25 cm
  • Introduction
  • The historical and social context of the Yuan dianzhang
  • Yuan administration and the legal system
  • Origins, contents, and transmission of the Yuan dianzhang
  • Notes on the translation
  • Sections 1-2 : marriage rites and exchanges; getting married
  • Sections 3-5 : marriage between officials and commoners; marriages of military personnel; divorce --tSections 6-8 : when the husband dies; levirate marriage approved; no levirate marriage
  • Sections 9-12 : secondary wives; marriage between slaves and commoners; marriage of entertainers; marriage during the mourning period.
These thirteenth-century legal cases from the classic compendium Yuan dianzhang reveal the complex, contradictory inner workings of the Mongol-Yuan legal system, as seen through the prism of divorce, adultery, rape, wife-selling, and other marital disputes. Bettine Birge offers a meticulously annotated translation and analysis.
(source: Nielsen Book Data)9780674975514 20170807
Law Library (Crown)
Book
xvii, 286 pages ; 22 cm.
  • Introduction
  • The Matrimonial Tribunal and the procedure in marriage litigations
  • Witnesses and testimony
  • The office of the judge : mediation, inquisition, confession
  • "Maybe so" : marriage and consent in pre-Tridentine Venice
  • Venetian "matrimoniallia" : a quantitative analysis (1420-1500)
  • Conclusions.
This book investigates the actions of marriage tribunals by analyzing the richest source of marriage suits extant in Italy, those of the Venetian ecclesiastical tribunal, between 1420 and the opening of the Council of Trent. It offers a strongly representative overview of the changes the Council introduced to centuries-old marriage practices, relegating it to the realm of marginality and deviance and nearly erasing the memory of it altogether. From the eleventh century onward, the Church assured itself of a jurisdictional monopoly over the matter of marriage, operating both in concert and in conflict with secular authorities by virtue of marriage's civil consequences, the first of which regarded the legitimacy of children. Secular tribunals were responsible for patrimonial matters between spouses, though the Church at times inserted itself into these matters either directly, by substituting itself for the secular authority, or indirectly, by influencing Rulings through their own sentences. Lay magistratures, for their part, somewhat eroded the authority of ecclesiastical tribunals by continuing to exercise autonomous jurisdiction over marriage, especially regarding separation and crimes strictly connected to the nuptial bond and its definition, including adultery, bigamy, and rape.
(source: Nielsen Book Data)9783319387994 20170703
Law Library (Crown)
Book
xiv, 196 pages ; 24 cm
  • The medieval contribution to modern international relations / William Bain
  • The medieval and the international : a strange case of mutual neglect / Nicholas Rengger
  • Metaphysics and the problem of international order / C.J.C Pickstock
  • Secularism in question : Hugo Grotius's "impious hypothesis" again / Francis Oakley
  • Between false-universalism and radical-particularism : thoughts on Thomas Hobbes and international relations / Joshua Mitchell
  • The medieval Roman and canon law origins of international law / Joseph Canning
  • Then and now : the medieval conception of just war versus recent portrayals of the just war idea / James Turner Johnson
  • Humanitarian intervention in a world of sovereign states : the Grotian dilemma / James Muldoon
  • The medieval and early modern legacy of rights : the rights to punish and to property / Camilla Boisen and David Boucher
  • International relations and the "modern" Middle Ages : rival theological theorisations of international order / Adrian Pabst.
The purpose of this volume is to explore the medieval inheritance of modern international relations. Recent years have seen a flourishing of work on the history of international political thought, but the bulk of this has focused on the early modern and modern periods, leaving continuities with the medieval world largely ignored. The medieval is often used as a synonym for the barbaric and obsolete, yet this picture does not match that found in relevant work in the history of political thought. The book thus offers a chance to correct this misconception of the evolution of Western international thought, highlighting that the history of international thought should be regarded as an important dimension of thinking about the international and one that should not be consigned to history departments. Questions addressed include: * what is the medieval influence on modern conception of rights, law, and community? * how have medieval ideas shaped modern conceptions of self-determination, consent, and legitimacy? * are there 'medieval' answers to 'modern' questions? * is the modern world still working its way through the Middle Ages? * to what extent is the 'modern outlook' genuinely secular? * is there a 'theology' of international relations? * what are the implications of continuity for predominant historical narrative of the emergence and expansion of international society? Medieval and modern are certainly different; however, this collection of essays proceeds from the conviction that the modern world was not built on a new plot with new building materials. Instead, it was constructed out of the rubble, that is, the raw materials, of the Middle Ages.This will be of great interest to students and scholars of IR, IR theory and political theory. .
(source: Nielsen Book Data)9781138795792 20161124
Law Library (Crown)
Book
267 pages ; 25 cm.
  • Introduction
  • Contextualizing and conceptualizing minor marriage
  • The early compendia
  • Early Ḥanafī thought
  • Early Mālikī thought
  • Al-Shāfiʻī
  • Consensus
  • Writing consensus
  • Post-formative scholars
  • Conclusion: Does consensus matter?
In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father's right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the "consensus writers" of later centuries, each chapter brings new insights into a complex and enduring debate.
(source: Nielsen Book Data)9789004344839 20170814
Law Library (Crown)
Book
xlix, 570 pages ; 24 cm.
  • The legal character of Magna Carta
  • Chapter 29 in the fourteenth century
  • Magna Carta in the inns of court 1340-1540
  • Personal liberty and the church
  • Royal prerogative and common law under Elizabeth I
  • William Fleetwood and Magna Carta
  • The resurgence of chapter 29 after 1580
  • Magna Carta and the rule of law 1592-1606
  • Sir Edward Coke and Magna Carta 1606-1615
  • A year 'consecrate to justice' : 1616
  • Myth and reality
  • Appendices. Two Fifteenth-Century Readings on Chapter 29
  • Actions founded on chapter 29 (1501-32)
  • William Fleetwood on chapter 29 (c. 1558)
  • Fleetwood's tracts on Magna Carta and on statutes : a concordance of parallel passages
  • Six Elizabethan cases (1582-1600)
  • The judges' resolutions on habeas corpus (1592)
  • Coke's memorandum on chapter 29 (1604)
  • Whetherly v. Whetherly (1605)
  • Maunsell's case (1607)
  • Bulthorpe v. Ladbrook (1607).
Magna Carta was largely ineffective for practical purposes between the fourteenth century and the sixteenth, late-medieval law lectures giving no hint of its later importance. A treatise by William Fleetwood (c.1558) was still in the traditional mould, but the lectures of the 'Puritan' barrister and MP Robert Snagge in 1581, and the speeches and tracts of his colleagues, advocated new uses for it. After centuries of oblivion, in 1587 there were eight reported cases in which chapter 29 was cited. Sir Edward Coke made extensive claims for chapter 29, linking it with habeas corpus, and then as a judge (1606-16) he deployed it with effect in challenging encroachments on the common law and the liberty of the subject. This book ends in 1616 with the lectures of Francis Ashley, summarising the effects of the new learning, and then Coke's dismissal for pushing his case too hard. A challenging new account.
(source: Nielsen Book Data)9781107187054 20170508
Law Library (Crown)
Book
viii, 264 pages ; 25 cm.
  • The accused and the court : confrontations and legal spaces
  • "De verbis ad verbera" : wounded honor, interpersonal violence, and exculpatory narratives
  • Disciplining the clergy : personal sins and public challenges
  • Civil litigation : a space of registration and mediation
  • The court as a judicial space : coercion and compliance, sanctioning and sentencing.
Diocesan Justice in Late Fifteenth-Century Carpentras uses notarial records from the 1480s to reconstruct the procedures, caseload, and sanctions of the bishop's court of Carpentras and compare them to other secular and ecclesiastical courts. The court provided a robust forum for debt litigation utilized by a wide variety of people. Its criminal proceedings focused on recidivist clerics who engaged in fights, disobedience, anti-Jewish activities, and sexual transgressions. Its justice varied depending on whether cases involved violence, sex, or contracts. The judge applied sanctions gingerly and protected litigants' rights carefully, in ways we might not expect: his role was to intervene in, explore, and document conflicts, and to elicit confessions and mediate disputes. Participants exploited this narrative and archival space well.
(source: Nielsen Book Data)9789004310674 20170123
Law Library (Crown)
Book
xiii, 349 pages : maps ; 25 cm.
  • Introduction
  • The provinces and the laws
  • Vocabulary.
The Danish medieval laws: the laws of Scania, Zealand and Jutland contains translations of the four most important medieval Danish laws written in the vernacular. The main texts are those of the Law of Scania, the two laws of Zealand - Valdemar's and Erik's - and the Law of Jutland, all of which date from the early thirteenth century. The Church Law of Scania and three short royal ordinances are also included. These provincial laws were first written down in the first half of the thirteenth century and were in force until 1683, when they were replaced by a national law. The laws, preserved in over 100 separate manuscripts, are the first extended texts in Danish and represent a first attempt to create a Danish legal language. The book starts with a brief but thorough introduction to the history of Denmark in the thirteenth century, covering the country, the political setting and the legal context in which the laws were written. There follows the translated text from each province, preceded by a general introduction to each area and an introduction to the translation offering key contextual information and background on the process of translating the laws. An Old Danish-English glossary is also included, along with an annotated glossary to support the reading of the translations. This book will be essential reading for students and scholars of medieval Scandinavian legal history.
(source: Nielsen Book Data)9781138951358 20160619
Law Library (Crown)
Book
206 pages : illustrations (some color) ; 23 cm.
  • Introduzione: Un palinsesto dantesco
  • Ordinamento cosmologico e ordinamento giuridico
  • La legittimazione dell'Impero romano
  • Giusto naturale e giusto legale
  • La parola ornata e la donna gentile : un connubio ciceroniano
  • L'imprescindibile paradigma ciceroniano
  • L'infrazione della legge di natura e la poetica del "trasumanar"
  • Dante con libro aperto : iconografia e politica.
Law Library (Crown)
Book
xii, 421 pages : illustrations ; 23 cm
  • PART 1: THE WOMEN -- PART 2: ENVY -- PART 3: POISON -- PART 4: DEATH.
  • (source: Nielsen Book Data)9780199562602 20160912
At the heart of this volume are three trials held in Athens in the fourth century BCE. The defendants were all women and in each case the charges involved a combination of ritual activities. Two were condemned to death. Because of the brevity of the ancient sources, and their lack of agreement, the precise charges are unclear, and the reasons for taking these women to court remain mysterious. Envy, Poison, and Death takes the complexity and confusion of the evidence not as a riddle to be solved, but as revealing multiple social dynamics. It explores the changing factors - material, ideological, and psychological - that may have provoked these events. It focuses in particular on the dual role of envy (phthonos) and gossip as processes by which communities identified people and activities that were dangerous, and examines how and why those local, even individual, dynamics may have come to shape official civic decisions during a time of perceived hardship. At first sight so puzzling, these trials reveal a vivid picture of the socio-political environment of Athens during the early-mid fourth century BCE, including responses to changes in women's status and behaviour, and attitudes to ritual activities within the city. The volume reveals some of the characters, events, and even emotions that would help to shape an emergent concept of magic: it suggests that the boundary of acceptable behaviour was shifting, not only within the legal arena but also through the active involvement of society beyond the courts.
(source: Nielsen Book Data)9780199562602 20160912
Law Library (Crown)
Book
xlviii, 311 pages ; 24 cm.
Gratian's Decretum is one of the major works in European history, a text that in many ways launched the field of canon law. In this new volume, Atria Larson presents to students and scholars alike a critical edition of De penitentia (Decretum C.33 q.3), the foundational text on penance, both for canon law and for theology, of the twelfth century. This edition takes into account recent manuscript discoveries and research into the various recensions of Gratian's text and proposes a model for how a future critical edition of the entire Decretum could be formatted by offering a facing-page English translation. This translation is the first of this section of Gratian's De penitentia into any modern language and makes the text accessible to a wider audience. Both the Latin and the English text are presented in a way to make clear the development of Gratian's text in various stages within two main recensions. The edition and translation are preceded by an introduction relating the latest scholarship on Gratian and his text and are followed by three appendices, including one that provides a transcription of the relevant text from the debated manuscript Sankt Gallen, Stiftsbibliothek 673, and one that lists possible formal sources and related contemporary texts. This book provides a full edition and translation of the text studied in depth in Master of Penance: Gratian and the Development of Penitential Thought and Law in the Twelfth Century (CUA Press, 2014) by the same author.
(source: Nielsen Book Data)9780813228679 20170621
Law Library (Crown)
Book
xv, 272 pages ; 24 cm.
  • Solon's law on the Tamiai
  • The Solonian calendar and Solon's other laws
  • The politics of being a sacred treasurer in archaic Athens
  • The Tamiai of Athena and their duties
  • Athena's property and Hiera wealth
  • Hosia property and the public treasury
  • Sacred property in the democracy
  • Conclusions.
Students of ancient Athenian politics, governance, and religion have long stumbled over the rich evidence of inscriptions and literary texts that document the Athenians' stewardship of the wealth of the gods. Likewise, Athens was well known for devoting public energy and funds to all matters of ritual, ranging from the building of temples to major religious sacrifices. Yet, lacking any adequate account of how the Athenians organized that commitment, much less how it arose and developed, ancient historians and philologists alike have labored with only a paltry understanding of what was a central concern to the Athenians themselves. That deficit of knowledge, in turn, has constrained and diminished our grasp of other essential questions surrounding Athenian society and its history, such as the nature of political life in archaic Athens, and the forces underlying Athens' imperial finances. Hallowed Stewards closely examines those magistracies that were central to Athenian religious efforts, and which are best described as "sacred treasurers." Given the extensive but nevertheless fragmentary evidence now available to us, no catalog-like approach to these offices could properly encompass their details much less their wider historical significance. Inscriptions and oratory provide the bulk of the evidence for this project, along with the so-called Constitution of Athens attributed to Aristotle. Hallowed Stewards not only provides a wealth of detail concerning these hitherto badly understood offices, but also the larger diachronic framework within which they operated.
(source: Nielsen Book Data)9780472119424 20170515
Law Library (Crown)
Book
vi, 147 pages ; 24 cm
  • Wine-drinking of the Saracens in the royal charters
  • Conversions of the Muslims in the legal space of the Crown of Aragon
  • The case of Zobran : the Islamic the legal consequences of conversions.
This work represents a new approach in the study of the history of Muslim populations in Medieval Spain. The author introduces us to a concept she calls 'legal space' in order to explain the evolutionary process of both the Muslim and Christian legal systems as they adapted through social dialogue in order to live together under the rule of one Christian kingdom.
(source: Nielsen Book Data)9781495504723 20170213
Law Library (Crown)
Book
x, 214 pages ; 23 cm
  • Introduction: The fourth period : application and the era of the mujtahids
  • The period of taṭbīq (application) : the era of mujtahids of legal questions
  • Jurists inclined to taṭqlīd (tradition) and the closure of the gate of ijtihād
  • Tadwīn (codification) in the period of taṭbīq (application)
  • Conclusion.
This study gives priority to the jurists' intellectual operations throughout the Muslim world, covering the historical development of Islamic jurisprudence from the middle of 4th century. The book relies on Arabic primary sources to give an impartial presentation of the jurists and produce an accurate memory of the past using objective knowledge.
(source: Nielsen Book Data)9781137580900 20160928
Law Library (Crown)
Book
xv, 326 pages, 8 unnumbered pages of plates : illustrations (some color), map ; 25 cm
  • The values of things
  • Credit and coin
  • The pursuit of debt
  • The plunder
  • Violence and resistance.
As Europe began to grow rich during the Middle Ages, its wealth materialized in the well-made clothes, linens, and wares of ordinary households. In a world without banking, household goods became valuable commodities that often substituted for hard currency. Pawnbrokers and resellers sprung up throughout European cities, helping push these goods into circulation. Simultaneously, a harshly coercive legal system developed to ensure that debtors paid their due. Legal Plunder explains how the vigorous trade in goods that grew up in fourteenth- and fifteenth-century Europe entangled households in complex relationships of credit and debt. Acting in the interests of creditors, sergeants of the law were empowered to march into debtors' homes and seize belongings equal in value to the debt owed. These officials were cogs in a political machinery of state-sponsored plunder. As Daniel Smail shows, one of the common activities of medieval law courts was debt recovery, and court records offer some of the most vivid descriptions of material culture in this period, providing insight into the lives of men and women living in a world on the cusp of modern capitalism. Then as now, money and value were implicated in questions of power and patterns of violence.
(source: Nielsen Book Data)9780674737280 20160718
Law Library (Crown)
Book
x, 180 pages ; 24 cm.
  • Vorwort der Herausgeber
  • Vorwort
  • Zu diesem Buch
  • Rechtsräume und ihre Quellen
  • Forschungsgeschicte und Arbeitsweise
  • Die wichtigsten rechtshistorischen Quellen
  • Methodenprobleme
  • Fachspezifische Arbeitstechniken
  • Interdisziplinäre Ansätze als Postulat
  • Quellen-Kunde.
Law Library (Crown)
Book
xiii, 364 pages : illustrations, maps ; 25 cm.
  • Introduction
  • Sources on early Chinese law before the Yuelu Academy finds
  • The Yuelu Academy manuscript collection
  • The Wei yu deng zhuang manuscripts
  • The Wei yu deng zhuang in comparison with the Zou yan shu from Zhangjiashan tomb no. 247
  • The Wei yu deng zhuang in comparison with other legal texts
  • Conclusions.
In Legal Practice in the Formative Stages of the Chinese Empire, Ulrich Lau and Thies Staack offer a richly annotated English translation of the Wei yu deng zhuang si zhong , a collection of criminal case records from the pre-imperial state of Qin (dating from 246 BC-222 BC) that is part of the manuscripts in the possession of Yuelu Academy. Through an analysis of the collection and a comparison with similar manuscript finds from the Qin and Han periods, the authors shed new light on many aspects of the Qin administration of justice, e.g. criminal investigation, stages of criminal procedure, principles for determining punishment, and interaction of judicial officials on different administrative levels.
(source: Nielsen Book Data)9789004315433 20160912
Law Library (Crown)