Law, Sex, and Christian Society in Medieval Europe
Law, Sex, and Christian Society in Medieval Europe

Author: James A. Brundage

Publisher: University of Chicago Press

Published: 2009-02-15

Total Pages: 714

ISBN-13: 0226077896

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This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

Law | Book | Culture in the Middle Ages
Law | Book | Culture in the Middle Ages

Author:

Publisher: BRILL

Published: 2021-02-01

Total Pages: 477

ISBN-13: 9004448659

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Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.

The Settlement of Disputes in Early Medieval Europe
The Settlement of Disputes in Early Medieval Europe

Author: Wendy Davies

Publisher: Cambridge University Press

Published: 1992-04-23

Total Pages: 322

ISBN-13: 9780521428958

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This is a collection of original essays on the settlement of disputes in the early middle ages, a subject of central importance for social and political history. Case material, from the evidence of charters, is used to reveal the realities of the settlement process in the behaviour and interactions of people - instead of the prescriptive and idealised models of law-codes and edicts. The book is not therefore a technical study of charters evidence. The geographical range across Europe is unusually wide, which allows comparison across differing societies. Frankish material is inevitably prominent, but the contributors have sought to integrate Celtic, Greek, Italian and Spanish material into the mainstream of the subject. Above all, the book aims to 'demystify' the study of early medieval law, and to present a radical reappraisal of established assumptions about law and society.

Family Law and Society in Europe from the Middle Ages to the Contemporary Era
Family Law and Society in Europe from the Middle Ages to the Contemporary Era

Author: Maria Gigliola di Renzo Villata

Publisher: Springer

Published: 2016-08-04

Total Pages: 382

ISBN-13: 3319422898

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This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.

Crime, Law and Society in the Later Middle Ages
Crime, Law and Society in the Later Middle Ages

Author:

Publisher: Manchester University Press

Published: 2013-01-01

Total Pages: 304

ISBN-13: 1526112833

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This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215–1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.

The Individual and Society in the Middle Ages
The Individual and Society in the Middle Ages

Author: Walter Ullmann

Publisher: JHU Press

Published: 2019-12-01

Total Pages: 154

ISBN-13: 1421433982

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Originally published in 1966. The Individual and Society in the Middle Ages, based on three guest lectures given at Johns Hopkins University in 1965, explores the place of the individual in medieval European society. Looking at legal sources and political ideology of the era, Ullmann concludes that, for most of the Middle Ages, the individual was defined as a subject rather than a citizen, but the modern concept of citizenship gradually supplanted the subject model from the late Middle Ages onward. Ullmann lays out the theological basis of the political theory that cast the medieval individual as an inferior, abstract subject. The individual citizen who emerged during the late Middle Ages and the Renaissance, by contrast, was an autonomous participant in affairs of state. Several intellectual trends made this humanistic conception of the individual possible, among them the rehabilitation of vernacular writing during the thirteenth century and the growing interest in nature, natural philosophy, and natural law. However, Ullmann points to feudalism as the single most important medieval institution that laid the groundwork for the emergence of the modern citizen.

Law and Society in Later Medieval England and Ireland
Law and Society in Later Medieval England and Ireland

Author: Travis R. Baker

Publisher: Routledge

Published: 2017-09-22

Total Pages: 290

ISBN-13: 1317107764

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Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this volume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England’s adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large.