• El rey sabio
• The lawgiver and the law
• Creating a dynasty
• The king and his people
• Defender of the faith
• The defense of the realm
• Litigants, judges, and lawyers
• The judicial process
• Marriage, family, and inheritance
• The law of persons
• The law of property
• Trade and commerce
• Crime and punishment
• The law of the non-Christian peoples
• The juridical achievement of Alfonso X.

In this magisterial work, Joseph O'Callaghan offers a detailed account of the establishment of Alfonso X's legal code, the Libro de las leyes or Siete Partidas, and its applications in the daily life of thirteenth-century Iberia, both within and far beyond the royal courts. O'Callaghan argues that Alfonso X, el Sabio (the Wise), was the Justinian of his age, one of the truly great legal minds of human history. Alfonso X, the Justinian of His Age highlights the struggles the king faced in creating a new, coherent, inclusive, and all-embracing body of law during his reign, O'Callaghan also considers Alfonso X's own understanding of his role as king, lawgiver, and defender of the faith in order to evaluate the impact of his achievement on the administration of justice. Indeed, such was the power and authority of the Alfonsine code that it proved the king's downfall when his son invoked it to challenge his rule. Throughout this soaring legal and historical biography, O'Callaghan reminds us of the long-term impacts of Alfonso X's legal works, not just on Castilian (and later, Iberian) life, but on the administration of justice across the world.
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• 1. Introduction-- Part I. History:
• 2. Foreign merchants--
• 3. Foreign clerks--
• 4. Foreign religious houses--
• 5. Birth beyond the sea--
• 6. Faith and allegiance-- Part II. Historiography:
• 7. Littleton, Rastell and Plowden--
• 8. Calvin's case (1608)--
• 9. Conclusion.
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This reinterpretation of the legal status of foreigners in medieval England boldly rejects the canonical view which has for centuries dominated the imagination of historians and laymen alike. Keechang Kim proposes an understanding of the genesis of the modern legal regime and the important distinction between citizens and non-citizens. Making full use of medieval and early modern sources, Kim offers a compelling argument that the late medieval changes in legal treatment of foreigners are vital to an understanding of the shift of focus from status to the State, and that the historical foundation of the modern state system should be sought in this shift of outlook. The book contains a re-evaluation of the legal aspects of feudalism, examining, in particular, how the feudal legal arguments were transformed by the political theology of the Middle Ages to become the basis of the modern legal outlook.
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• Introduction
• 1. The Archaic Origins of Character Evidence: From Homer to Classical Athens
• 2. Incentives for Wide Use of Character Evidence in the Athenian Legal System
• 3. Greek Ideas of 'Character'
• 4. Methods of Providing Evidence from Character in Athenian Courts
• 5. Greek Perceptions of 'Personality' Applied in the Athenian Courts
• 6. Purposes of Character Evidence in the Courts of Athens - Predominance of Law or Rhetoric? Conclusions.
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There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of 'character' and 'personality', the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author's proposed method of interpretation, character evidence was not a means of diverting the jury's attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.
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• Abbriviations. Foreword. General Introduction Part I 1 Denmark around 1200 2 The Church 3 The laws 4 The medieval laws in Danish legal history 5 The law texts 6 Translating medieval laws 7 The language of the laws 8 The law in the laws Part II. The provinces and the laws 9 Scania 10 The Scanian laws 11 The Church Law of Scania 12 The Law of Scania 13 The royal ordinances 14 Knud VI's Ordinance on Homicide 28 December 1200 15 The Ordinance on Compensation 16 The Ordinance on the ordeal of hot iron 17 The province and laws of Zealand 18 Valdemar's Law of Zealand 19 The Church Law of Zealand 20 The Law of Zealand known as the Law of Valdemar 21 Erik's Law of Zealand 22 The province of Jutland and Funen and the Law of Jutland 23 The Law of Jutland. Terminology. Glossary Old Danish - English.
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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.
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• Introduction: the sacraments in medieval canon law--
• 1. The real presence of Christ, the minister and the materials of the sacrament--
• 2. The form of the sacrament and the elevation of the host--
• 3. Communion: union with Christ and unity in the sacrament--
• 4. Custody of the Eucharist and communion of the sick--
• 5. Corpus Christi and wonder hosts-- Conclusion-- Bibliography-- Index.
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Thomas Izbicki presents a new examination of the relationship between the adoration of the sacrament and canon law from the twelfth to fifteenth centuries. The medieval Church believed Christ's glorified body was present in the Eucharist, the most central of the seven sacraments, and the Real Presence became explained as transubstantiation by university-trained theologians. Expressions of this belief included the drama of the elevated host and chalice, as well as processions with a host in an elaborate monstrance on the Feast of Corpus Christi. These affirmations of doctrine were governed by canon law, promulgated by popes and councils; and liturgical regulations were enforced by popes, bishops, archdeacons and inquisitors. Drawing on canon law collections and commentaries, synodal enactments, legal manuals and books about ecclesiastical offices, Izbicki presents the first systematic analysis of the Church's teaching about the regulation of the practice of the Eucharist.
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• Administrer l'identité
• Filiation et divorce : du Code de Gortyne aux plaidoyers Contre Boeotos
• Dénombrer et identifier les esclaves dans l'Athènes classique
• The rise of the flexible template : patterns of change in identification methods between the Ptolemaic and the Roman Period
• Tracing the Elite from Ptolemy to Diocletian. Identifiers as Clues of Privileged Status in Graeco-Roman Egypt
• Au nom d'une femme (CIL, XIII, 169 et 343) : l'idionyme Andere(sse). Onomastique et identité familiale chez les Convènes au ter siècle apr. J.-C.
• Exprimer l'identité
• Athéniens dans la mort ? Proclamer ses identifications dans les cimetières attiques : le cas des étrangers au Céramique
• Les pauvres au travail dans l'Athènes d'époque classique : des êtres sans identité ? Construction et enjeux de leur nomination à travers l'analyse d'un corpus épigraphique
• Proclamation et preuves d'identité dans les sanctuaires grecs à l'époque archaïque et au début de l'époque classique
• Delphes et les Grecs d'Anatolie. Identité civique et identité(s) oraculaire(s)
• L'identification des clérouques et de leurs ayants droit dans les contrats ptolémaïques de parachôrêsis
• L'énonciation de l'identité des nauclères en Égypte (époques hellénistique et romaine)
• L'identité en procès
• Identifier les témoins dans les procès athéniens du Ve-IVe siècle av. J.-C.
• La mise en scène de soi dans les plaidoyers judiciaires athéniens. Le cas des plaideurs de Lysias
• Persuasive identities. An examination of rhetorical self-presentation strategies in Ptolemaic petitions
• Remarques conclusives.

"Cet ouvrage, qui réunit des spécialistes des cités grecques et du royaume ptolémaïque, se propose d'interroger la notion d'identité dans les mondes grecs par le biais des processus d'identification, processus qui conduisent conjointement à singulariser un individu et à le différencier d'un autre pour pouvoir le reconnaître. Il procède de deux objectifs : tenter de dépasser l'effet de rupture suscité par la spécificité des sources conservées pour les cités grecques d'époque classique, d'une part, et pour les royaumes hellénistiques, d'autre part ; confronter la perspective sociale et la perspective juridique afin de cerner ce qui unit et sépare les tenants d'une histoire sociale à proprement parler et ceux qui centrent leurs objets sur les normes juridiques et les pratiques en contexte judiciaire. Un premier groupe de cinq articles interroge ainsi le degré d'implication des instances de la polis ou de l'État monarchique en matière d'identification des personnes (A. Maffi, P. Ismard, U. Yiftach, Y. Broux - avec un éclairage complémentaire offert par M. Béraud pour le monde romain). Six autres contributions explorent plus particulièrement les relations et les tensions entre identifications individuelles et identifications collectives (R. Guicharrousse, M.-L. Sronek, L. Sot, K. Bouillot, S. Wackenier, L. Rossi). Trois études enfin sont centrées sur les pratiques d'identification en contexte judiciaire et parajudiciaire (N. Siron, É. Scheid-Tissinier, G. Baetens)."--Page 4 of cover.

• Acknowledgments Preface Part A. Main series
• 1. "Athenian State Laws and Decrees, 352/1-322/1: I Decrees Honouring Athenians", ZPE 150 (2004), 85-120.
• 2. "Athenian State Laws and Decrees, 352/1-322/1: II Religious Regulations", ZPE 154 (2005), 125-159.
• 3. "Athenian State Laws and Decrees, 352/1-322/1: III Decrees Honouring Foreigners. A. Citizenship, Proxeny and Euergesy", ZPE 158 (2006), 115-158.
• 4. "Athenian State Laws and Decrees, 352/1-322/1: III Decrees Honouring Foreigners. B. Other Awards", ZPE 159 (2007), 101-154.
• 5. "Athenian State Laws and Decrees, 352/1-322/1: IV Treaties and Other Texts", ZPE 161 (2007), 67-100.
• Part B. Other prolegomena
• 1. "Ten Notes on Attic Inscriptions", ZPE 135 (2000), 51-62.
• 2. "Fragmente Athenischer Ehrendekrete aus der Zeit des Lamischen Krieges (zu Ag. XVI 94 und IG II2 292)", ZPE 136 (2001), 65-70.
• 3. "The Only Extant Decree of Demosthenes", ZPE 137 (2001), 55-68.
• 4. "Fish, Low Fares and IG II2 283", ZPE 140 (2002), 73-79.
• 5. "On IG II2 546", ZPE 141 (2002), 117-122.
• 6. "Afterwords", ZPE 141 (2002), 122-124.
• 7. "IG II2
• 410: An Erasure Reconsidered" in D. Jordan and J. Traill (eds.), Lettered Attica, Proceedings of the Athens Symposium, March 2000 (Canadian Institute at Athens, 2003), 59-67.
• 8. "Greek Inscriptions in the University Museum, Oxford Mississippi", ZPE 148 (2004), 181-186.
• 9. "Restoring Athenian Names" in: A. P. Matthaiou and G. Malouchou (eds.), Attikai Epigraphai, Praktika Symposiou eis mnemen Adolf Wilhelm (Athens, 2004), 327-341.
• 10. "Polis and Theatre in Lykourgan Athens: the Honorific Decrees", in A. P. Matthaiou and I. Polinskaya (eds.), Mikros Hieromnemon. Meletes eis mnemen Michael H. Jameson (Athens, 2008), 52-85.
• 11. "Athens, Sokles and the Exploitation of an Attic Resource (IG II2 411)", in N. Sekunda (ed.), Ergasteria. Works Presented to John Ellis Jones on his 80th Birthday (Danzig, 2009), 114-125.
• 12. "Inscribed Treaties ca. 350-321 BC: an Epigraphical Perspective on Athenian Foreign Policy", in G. Reger, F. X. Ryan and T. F. Winters (eds.), Studies in Greek Epigraphy and History in Honor of Stephen V. Tracy (Bordeaux, 2010), 153-160.
• Part C. Chronology
• 1. "Athenian Chronology, 352/1-322/1 BC", in A. Tamis, C. J. Mackie and S. Byrne (eds.), Philathenaios. Studies in Honour of Michael J. Osborne (Athens, 2010), 91-102. Appendix: Select Addenda and Corrigenda (2011) Indices.
• (source: Nielsen Book Data)

This book collects eighteen papers which make original contributions to the study of the inscribed laws and decrees of the city of Athens, 352/1-322/1 BC, the most richly documented period of the city's history. Originally published in academic journals, conference proceedings and Festschriften between 2000 and 2010, they lay groundwork for the author's new edition of these inscriptions, IG II(3) Part 1, fascicule 2. The papers, which are based on fresh comprehensive autopsy of the stones and study of squeezes, photographs and early transcripts, report important epigraphical findings (e.g. new readings, restorations, joins and datings), and include studies of onomastics and of the chronology and the history of the period.
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This volume revisits a classic book by a famous historian: R.H. Tawney's Agrarian Problem in the Sixteenth Century (1912). Tawney's Agrarian Problem surveyed landlord-tenant relations in England between 1440 and 1660, the period of emergent capitalism and rapidly changing property relations that stands between the end of serfdom and the more firmly capitalist system of the eighteenth century. This transition period is widely recognised as crucial to Britain's long term economic development, laying the foundation for the Industrial Revolution of the eighteenth century. Remarkably, Tawney's book has remained the standard text on landlord-tenant relations for over a century. Here, Tawney's book is re-evaluated by leading experts in agrarian and legal history, taking its themes as a departure point to provide for a new interpretation of the agrarian economy in late Tudor and early modern Britain. The introduction looks at how Tawney's Agrarian Problem was written, its place in the historiography of agrarian England and the current state of research. Survey chapters examine the late medieval period, a comparison with Scotland, and Tawney's conception of capitalism, whilst the remaining chapters focus on four issues that were central to Tawney's arguments: enclosure disputes, the security of customary tenure; the conversion of customary tenure to leasehold; and other landlord strategies to raise revenues. The balance of power between landlords and tenants determined how the wealth of agrarian England was divided in this crucial period of economic development - this book reveals how this struggle was played out. JANE WHITTLE is professor of rural history at Exeter University. Contributors: Christopher Brooks, Christopher Dyer, Heather Falvey, Harold Garrett-Goodyear, Julian Goodare, Elizabeth Griffiths, Jennifer Holt, Briony McDonagh, Jean Morrin, David Ormrod, William D. Shannon, Jane Whittle, Andy Wood. Foreword by Keith Wrightson.
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"As the huge crowd seethed with pent-up excitement, the two deadly enemies studied each other intently, their breath hot behind their visors. Each sought the other's death as fire and water seek each other's annihilation. The walled field, at first a prison, now became a crucible where one man would be destroyed and the other purged in the name of justice. They would fight not only without quarter, but also without rules. And a horrible fate awaited the lady if her husband should lose . . . " The gripping, atmospheric true story of the "duel to end all duels" in medieval France: a trial by combat pitting a knight against a squire accused of violating the knight's beautiful young wife In 1386, a few days after Christmas, a huge crowd gathers at a Paris monastery to watch the two men fight a duel to the death meant to "prove" which man's cause is right in God's sight. The dramatic true story of the knight, the squire, and the lady unfolds during the devastating Hundred Years War between France and England, as enemy troops pillage the land, madness haunts the French court, the Great Schism splits the Church, Muslim armies threaten Christendom, and rebellion, treachery, and plague turn the lives of all into toys of Fortune. At the heart of the tale is Jean de Carrouges, a Norman knight who returns from combat in Scotland to find his wife, Marguerite, accusing Jacques LeGris, her husband's old friend and fellow courtier, of brutally raping her. The knight takes his cause before the teenage King Charles VI, the highest judge in France. Amid LeGris's vociferous claims of innocence and doubts about the now pregnant Marguerite's charges (and about the paternity of her child), thedeadlocked court decrees a "trial by combat" that leaves her fate, too, in the balance. For if her husband and champion loses the duel, she will be put to death as a false accuser. Carrouges and LeGris, in full armor, eventually meet on a walled field in Paris before a massive crowd that includes the king and many nobles of the realm. A fierce fight on horseback and then on foot ensues during which both combatants suffer wounds--but only one fatal. The violent and tragic episode was notorious in its own time because of the nature of the alleged crime, the legal impasse it provoked, and the resulting trial by combat, an ancient but increasingly suspect institution that was thereafter abolished. Based on extensive research in Normandy and Paris, "The Last Duel "brings to life a colorful, turbulent age and three unforgettable characters caught in a fatal triangle of crime, scandal, and revenge. It is at once a moving human drama, a captivating detective story, and an engrossing work of historical intrigue.
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• Introduction--
• 1. The historical context--
• 2. The legal context--
• 3. Law and order--
• 4. Society and the family--
• 5. The economy-- Epilogue-- Appendix: Edict of King Theoderic.
• (source: Nielsen Book Data)

This book explores the evolution of Roman law and society in Italy from 493, with the proclamation of the Ostrogoth Theoderic the Great as king, until about 554, when the eastern Emperor Justinian was able to re-establish imperial authority in the region. Drawing upon evidence from a variety of legal and historical sources, it investigates how Theoderic and his successors attempted to govern the peninsula in the wake of foreign invasions, the collapse of civic administration, the break-up of the Mediterranean economy, and the emergence of new forms of religious and secular authority. It challenges long-held assumptions as to just how peaceful, prosperous and Roman-like Theoderic's Italy really was. Its primary focus is the Edictum Theoderici, a significant but largely overlooked document that offers valuable historical insights into the complex and sometimes contested social, political and religious changes that marked Italy's passage from Antiquity into the Middle Ages.
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• Homicide
• Wounding, battery, and hubris
• Sexual offenses
• Defamation
• Marriage and dowry
• Children and citizenship
• Estates and epiklêroi
• Damage
• Theft
• Contracts and commerce
• Impiety
• Treason, subversion, bribery, and apatê tou dêmou (deceiving the people).

The Law of Ancient Athens contains the principal literary and epigraphical sources, in English, for Athenian law in the Archaic and Classical periods, from the first known historical trial (late seventh century) to the fall of the democracy in 322 BCE. This accessible and important volume is designed for teachers, students, and general readers interested in the ancient Greek world, the history of law, and the history of democracy, an Athenian invention during this period. Offering a comprehensive treatment of Athenian law, it assumes no prior knowledge of the subject and is organized in user-friendly fashion, progressing from the person to the family to property and obligations to the gods and to the state. David D. Phillips has translated all sources into English, and he has added significant introductory and explanatory material. Topics covered in the book include homicide and wounding; theft; marriage, children, and inheritance; citizenship; contracts and commerce; impiety; treason and other offenses against the state; and sexual offenses including rape and prostitution. The volume's unique feature is its presentation of the actual primary sources for Athenian laws, with many key or disputed terms rendered in transliterated Greek. The translated sources, together with the topical introductions, notes, and references, will facilitate both research in the field and the teaching of increasingly popular courses on Athenian law and law in the ancient world.
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• The ethics of advocacy : confidentiality and conflict of interest in medieval canon law / James A. Brundage
• Kanonisationsprozess, Sozialgeschichte und Kanonisches Recht im Spätmittelalter / Christian Krötzl
• The rights of the poor : an argument against Franciscans / Virpi Mäkinen
• Utrum homo sit dominus personae suae? : the question of individual liberty as an example of the confrontation of canon law and moral theology in Summenhart's Opus septipartitum / Jussi Varkemaa
• A canon law culture in late medieval Denmark? / Per Ingesman
• Two models of marriage? : canon law and Icelandic marriage practice in the late middle ages / Agnes S. Arnórsdóttir
• Marriage, peace and the canonical incest prohibitions : making sense of an absurdity? / Michael H. Gelting
• An uneasy harmony : consummation and parental consent in secular and canon law in medieval Scandinavia / Mia Korpiola
• Finnish illegal marriages, 1449-1523 / Kirsi Salonen.

• Academic commentary : lawyers interpret the law
• Consilia, and decisiones : practical application of legal theory
• Assessment and reassessment.

Whether they were secular canonesses or beguines, tertiaries or Sisters of the Common Life, quasi-religious women in the later Middle Ages lived their lives against a backdrop of struggle and insecurity resulting, in large measure, from their ambivalent legal status. Because they lacked one or more of the canonical earmarks of religious women strictly speaking, they had to justify their unauthorized way of life and to defend themselves against association with those who had been branded unorthodox, unruly, or even heretical. Ambiguous legal status within the organized Church and the contests to which it gave rise are a constant theme in the historiography of quasi-religious women, yet there has been no full-scale study of what it meant at law to be a mulier religiosa. This book provides a thorough examination of the writings of canon lawyers in the late Middle Ages as they come to terms, both in their academic work and also in their roles as judges and advisers, with women who were not, strictly speaking, religious, but who were popularly thought of as such. It studies the ways in which jurists strove to categorize these women and to clarify the sometimes ambivalent canons relating to their lives in the community. It assesses, among other things, the extent to which lawyers proved responsive to popular as well as learned notions of what constituted religious life for women when the interests of particular clients were at stake. "A Pernicious Sort of Woman" will be a useful supplement to books devoted to individual quasi-religious women or to specific manifestations of female lay piety. It will be of interest to historians of Christianity and specialists in the law and women's studies as well as anyone interested in the history of religious women.
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