Droit et coutume en France aux XIIe et XIIIe siécles


Book Description

This third volume by André Gouron brings together a widely scattered set of articles on Roman law in medieval France and its influence. The first group of papers is concerned with the medieval history of Roman law itself, while the two following sections look at how it contributed to the (perfectionnement) of canon law, on the one hand, and to the emergence of customary law on the other. As the author would see it, there are the three aspects of the inexorable advance, if not of a science, at least of a clear effort towards logical clarification, which revolutionised law in the 12th and 13th centuries, first in southern Europe, but soon in the west and north too. At the same time, these studies help reveal some of the complex network of intellectual links that underlay these developments.




The Mediterranean World of Alfonso II and Peter II of Aragon (1162–1213)


Book Description

Considering a wide array of sources, this book reveals the tenacity with which Alfonso II (1162-1196) and his son Peter II (1196-1213) of the Crown of Aragon forged a tighter Mediterranean regional network and augmented their regional success.




Legal Scholarship and Doctrines of Private Law, 13th-18th centuries


Book Description

The emphasis in this present volume of Professor Feenstra’s studies lies on the post-medieval development of legal scholarship. The opening two studies are concerned with the University of Orléans in the 13th-14th centuries, but from there the centre of interest shifts to the early modern Netherlands. Two important themes are the teaching of law, especially at the legal faculties of Leyden and Franeker, and the doctrines of private law (especially property, contract, and succession). The figure of Hugo Grotius, his sources and his influence, dominate these articles.




The Use of Canon Law in Ecclesiastical Administration, 1000–1234


Book Description

The Use of Canon Law in Ecclesiastical Administration, 1000–1234 explores the integration of canon law within administration and society in the central Middle Ages. Grounded in the careers of ecclesiastical administrators, each essay serves as a case study that couples law with social, political or intellectual developments. Together, the essays seek to integrate the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice. The essays therefore both place law into the wider developments of the long twelfth century but also highlight points of continuity throughout the period. Contributors are Greta Austin, Bruce C. Brasington, Kathleen G. Cushing, Stephan Dusil, Louis I. Hamilton, Mia Münster-Swendsen, William L. North, John S. Ott, and Jason Taliadoros.




The Medieval Foundations of International Law


Book Description

Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).




The Perpendiculum: Presumptions and Legal Arguments in the 12th Century


Book Description

The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu. This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.




Medieval Public Justice


Book Description

In a series of essays based on surviving documents of actual court practices from Perugia and Bologna, as well as laws, statutes, and theoretical works from the 12th and 13th centuries, Massimo Vallerani offers important historical insights into the establishment of a trial-based public justice system.




The Oxford Handbook of Comparative Law


Book Description

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.




Pope Innocent II (1130-43)


Book Description

The pontificate of Innocent II (1130-1143) has long been recognized as a watershed in the history of the papacy, marking the transition from the age of reform to the so-called papal monarchy, when an earlier generation of idealistic reformers gave way to hard-headed pragmatists intent on securing worldly power for the Church. Whilst such a conception may be a cliché its effect has been to concentrate scholarship more on the schism of 1130 and its effects than on Innocent II himself. This volume puts Innocent at the centre, bringing together the authorities in the field to give an overarching view of his pontificate, which was very important in terms of the internationalization of the papacy, the internal development of the Roman Curia, the integrity of the papal state and the governance of the local church, as well as vital to the development of the Kingdom of Sicily and the Empire.




Canon Law, Religion, and Politics


Book Description

Canon Law, Religion, and Politics extends and honors the work of the distinguished historian Robert Somerville, a preeminent expert on medieval church councils, law, and papal history.