Jurists and Jurisprudence in Medieval Italy
Jurists and Jurisprudence in Medieval Italy

Author: Osvaldo Cavallar

Publisher: University of Toronto Press

Published: 2020-10-01

Total Pages: 894

ISBN-13: 1487536348

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Jurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.

Jurists and Jurisprudence in Medieval Italy
Jurists and Jurisprudence in Medieval Italy

Author: Osvaldo Cavallar

Publisher: University of Toronto Press

Published: 2020

Total Pages: 894

ISBN-13: 1487507488

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This unique collection makes available, for the first time, translations of medieval Italian jurisprudence, including commentaries, tracts, and legal opinions by leading jurists.

Rethinking Legal Reasoning
Rethinking Legal Reasoning

Author: Geoffrey Samuel

Publisher: Edward Elgar Publishing

Published: 2018-08-31

Total Pages: 374

ISBN-13: 1784712612

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‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?

The History of Courts and Procedure in Medieval Canon Law
The History of Courts and Procedure in Medieval Canon Law

Author: Wilfried Hartmann

Publisher: CUA Press

Published: 2016-09-09

Total Pages: 521

ISBN-13: 0813229049

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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.

Marriage, Dowry, and Citizenship in Late Medieval and Renaissance Italy
Marriage, Dowry, and Citizenship in Late Medieval and Renaissance Italy

Author: Julius Kirshner

Publisher: University of Toronto Press

Published: 2015-02-26

Total Pages: 472

ISBN-13: 1442664525

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Through his research on the status of women in Florence and other Italian cities, Julius Kirshner helped to establish the socio-legal history of women in late medieval and Renaissance Italy and challenge the idea that Florentine women had an inferior legal position and civic status. In Marriage, Dowry, and Citizenship in Late Medieval and Renaissance Italy, Kirshner collects nine important essays which address these issues in Florence and the cities of northern and central Italy. Using a cross-disciplinary approach that draws on the methodologies of both social and legal history, the essays in this collection present a wealth of examples of daughters, wives, and widows acting as full-fledged social and legal actors. Revised and updated to reflect current scholarship, the essays in Marriage, Dowry, and Citizenship in Late Medieval and Renaissance Italy appear alongside an extended introduction which situates them within the broader field of Renaissance legal history.

The History of Law in Europe
The History of Law in Europe

Author: Bart Wauters

Publisher: Edward Elgar Publishing

Published: 2017-04-28

Total Pages: 293

ISBN-13: 1786430762

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Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

The Politics of Law in Late Medieval and Renaissance Italy
The Politics of Law in Late Medieval and Renaissance Italy

Author: Lawrin David Armstrong

Publisher: University of Toronto Press

Published: 2011-01-01

Total Pages: 249

ISBN-13: 1442640758

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The Politics of Law in Late Medieval and Renaissance Italy features original contributions by international scholars on the fortieth anniversary of the publication of Lauro Martines' Lawyers and Statecraft in Renaissance Florence, which is recognized as a groundbreaking study challenging traditional approaches to both Florentine and legal history. Essays by leading historians examine the professional, social, and political functions of Italian jurists from the thirteenth to the late fifteenth centuries. The volume also examines the use of emergency powers, the critical role played by jurists in mediating the rule of law, and the adjudication of political crimes. The Politics of Law in Late Medieval and Renaissance Italy provides both an assessment of Martines' pioneering archival scholarship as well as fresh insights into the interplay of law and politics in late medieval and Renaissance Italy.

Law and the Christian Tradition in Italy
Law and the Christian Tradition in Italy

Author: Orazio Condorelli

Publisher: Routledge

Published: 2020-07-02

Total Pages: 488

ISBN-13: 1000079198

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Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

Law and Mimesis in Boccaccio's Decameron
Law and Mimesis in Boccaccio's Decameron

Author: Justin Steinberg

Publisher: Cambridge University Press

Published: 2023-05-31

Total Pages: 255

ISBN-13: 1009080687

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In Boccaccio's time, the Italian city-state began to take on a much more proactive role in prosecuting crime – one which superseded a largely communitarian, private approach. The emergence of the state-sponsored inquisitorial trial indeed haunts the legal proceedings staged in the Decameron. How, Justin Steinberg asks, does this significant juridical shift alter our perspective on Boccaccio's much-touted realism and literary self-consciousness? What can it tell us about how he views his predecessor, Dante: perhaps the world's most powerful inquisitorial judge? And to what extent does the Decameron shed light on the enduring role of verisimilitude and truth-seeming in our current legal system? The author explores these and other literary, philosophical, and ethical questions that Boccaccio raises in the Decameron's numerous trials. The book will appeal to scholars and students of medieval and early modern studies, literary theory and legal history.

Medieval Canon Law
Medieval Canon Law

Author: James A. Brundage

Publisher: Taylor & Francis

Published: 2022-08-05

Total Pages: 266

ISBN-13: 1000631494

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It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.