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
pages cm.
Law Library (Crown)
Book
xvii, 286 pages ; 22 cm.
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
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
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)
Book
xx, 371 pages ; 24 cm
  • Bereford takes charge
  • The king, Parliament, and King's Bench
  • Chancery
  • Pleading
  • Proof
  • The thing's been decided
  • Private courts
  • The Church
  • Women
  • Serfs.
Law Library (Crown)
Book
xxii, 334 pages : maps ; 24 cm.
  • List of Figures Medieval Nordic Laws - A General Introduction by Stefan Brink and Ditlev Tamm Foreword - Christine Peel Acknowledgements List of Abbreviations Maps Guta lag and Guta saga General Introduction Gotland's medieval historical background Guta lag. The Law of the Gotlanders Introduction to the Guta lag - its historical background and codicology Preservation of Guta lag Nature and content The nature of Guta lag Legal system as reflected by Guta lag System of fines and non-monetary punishments Oaths Laws of inheritance Origins Date, place and circumstances of composition Editions and translations of Guta lag Previous editions Translations Criteria applied for the present translation The Guta Lag - Translation Additions Comments to the Guta lag Appendices A Comparison of manuscript contents B Chronology of historical events C Monetary system D Penalties exacted E Oaths and witnesses required Guta Saga. The History of the Gotlanders Introduction to the Guta Saga Historical background Title Preservation Content Oral and written sources Date and place of composition Authorship and circumstances of authorship Value as a source of history Language Editions of Guta saga The Guta Saga - Translation Notes Bibliography Index.
  • (source: Nielsen Book Data)9781138804210 20160618
Guta Lag, the law of the independent island of Gotland, is one of the earliest laws of Scandinavia. The historical appendix to the law, Guta Saga, was written in the thirteenth or fourteenth century. Together, Guta Lag and its accompanying Saga provide an invaluable insight into the lives of the people living on Gotland, the largest of Sweden's Baltic islands, in 1000-1400. Guta Lag and Guta Saga: The Law and History of the Gotlanders is the first time that these two important texts have been translated into English and combined in one edition, accompanied by an extensive commentary and historical contextualisation by Christine Peel. In the Viking Age, the island of Gotland maintained its own law and administrative system. It was distinctive among Swedish provinces, retaining its own laws until 1645 while mainland provincial laws were all superseded by national law in the mid-fourteenth century. Preserved in eight manuscripts, it illustrates the everyday life and administrative system of the people of Gotland. Guta Saga tells the story of the island from its discovery by the legendary Pieluar, who removed the enchantment upon it which led to its inhabitation. Read together, the texts provide a complete picture of an island unique among Scandinavian provinces, offering a rare view of everyday people in medieval Scandinavia. This innovative and timely translation will be fascinating and essential reading for scholars of Scandinavian studies and legal history.
(source: Nielsen Book Data)9781138804210 20160618
Law Library (Crown)
Book
viii, 207 pages ; 25 cm.
  • Introduction
  • Fātwas to Marrakesh : regulation of the city market and the symbolic authority of Malīkī learning
  • Fatwas to the far Maghrib : Ibn Rushd's consultations for the amīr and cases of murder and stolen cattle
  • Fatwas to Ceuta : water rights, judicial review, and Ibn Rushd's correspondence with al-Qāḍīi ʻIyāḍ
  • Epilogue.
This volume investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.
(source: Nielsen Book Data)9789004277809 20160617
Law Library (Crown)
Book
vi, 300 pages ; 24 cm.
  • Introduction : transaction costs, ancient history, and the law / David Ratzan, Dennis Kehoe, and Uri Yiftach
  • Transaction costs in Athenian law / Gerhard Thür
  • Access, fairness, and transaction costs : Nikophon's law on silver coinage (Athens, 375-4 B.C.E.) / Josiah Ober
  • Transaction costs and institutional change in Egypt, ca. 1070-525 B.C.E. / Brian Muhs
  • Ptolemaic governance and transaction costs / J. G. Manning
  • The cost of getting money in early Ptolemaic Egypt : the case of P.Cair.Zen. 1 59021 (258 B.C.E.) / Alain Bresson
  • The Grammatikon : some considerations on the feeing policies of legal documents in the Ptolemaic and Roman periods / Uri Yiftach
  • The Vivliothēkē enktēseōn and transaction costs in the credit market of Roman Egypt (30 B.C.E.- ca. 170 C.E.) / F. Lerouxel
  • Transaction costs and contract in Roman Egypt : a case study in negotiating the right of repossession / David Ratzan
  • Contracts, agency, and transaction costs in the Roman economy / Dennis Kehoe
  • From free to fee : judicial fees and other litigation costs during the high empire and late antiquity / R. Haensch
  • The economic perspective : demand and supply in the reduction of transaction costs in the ancient world / Giuseppe Dari-Mattiacci.
Transaction costs (TC) are the "friction" in an economic system, and their analysis is vital to understanding institutional design and economic performance. Law and Transaction Costs in the Ancient Economy is the first volume to collect specific studies from a transaction cost perspective. The volume offers models of this new way of looking at ancient evidence, and suggests ways in which traditional subject areas might inform problems in contemporary economics and legal studies. After the editors' methodological introduction, the contributors investigate the roles and effects of transaction costs in fourth-century Athens, Ptolemaic Egypt, the Roman Empire, and late antiquity, on the basis of legal texts, papyri, and inscriptions. Collected here are some of the leading voices on TC analysis in ancient history, as well as established scholars , including several who do not usually publish in English: Alain Bresson, Giuseppe Dari-Mattiacci, Rudolf Haensch, Dennis Kehoe, Francois Lerouxel, J. G. Manning, Brian Muhs, Josiah Ober, David Ratzan, Gerhard Thur, and Uri Yiftach. This volume will speak to those who identify with traditional subject areas, like epigraphy or Greek law, and will also demonstrate the value of experimenting with this new way of looking at ancient evidence.
(source: Nielsen Book Data)9780472119608 20160619
Law Library (Crown)
Book
li, 203 pages ; 26 cm.
  • Readings on Westminster I, cc.1-3
  • Readings on Magna Carta, c. 1
  • Other texts on the common law and the church.
Law Library (Crown)