In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.
In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.
Medieval Europe was a rapidly developing society with a problem of violent disorder. Professor Kaeuper's original and authoritative study reveals that chivalry was just as much a part of this problem as it was its solution. Chivalry praised heroic violence by knights, and fused such displaysof prowess with honour, piety, high-status, and attractiveness to women. Though the vast body of chivalric literature praised chivalry as necessary to civilization, most texts also worried over knightly violence, criticized the ideals and practices of chivalry, and often proposed reforms. Theknights themselves joined the debate, absorbing some reforms, ignoring others, sometimes proposing their own. The interaction of chivalry with major governing institutions ("church" and "state") emerging at that time was similarly complex: kings and clerics both needed and feared the force of theknighthood. This fascinating book lays bare these conflicts and paradoxes which surrounded the concept of chivalry in medieval Europe.
This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.
Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law of arms’. This book, originally published in 1965, examines this soldiers’ code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.
The Middle Ages are often viewed as a repository of tradition, yet what we think of as traditional marriage was far from the only available alternative to the single state in medieval Europe. Many people lived together in long-term, quasimarital heterosexual relationships, unable to marry if one was in holy orders or if the partners were of different religions. Social norms militated against the marriage of master to slave or between individuals of very different classes, or when the couple was so poor that they could not establish an independent household. Such unions, where the protections that medieval law furnished to wives (and their children) were absent, were fraught with danger for women in particular, but they also provided a degree of flexibility and demonstrate the adaptability of social customs in the face of slowly changing religious doctrine. Unmarriages draws on a wide range of sources from across Europe and the entire medieval millennium in order to investigate structures and relations that medieval authors and record keepers did not address directly, either in order to minimize them or because they were so common as not to be worth mentioning. Ruth Mazo Karras pays particular attention to the ways women and men experienced forms of opposite-sex union differently and to the implications for power relations between the genders. She treats legal and theological discussions that applied to all of Europe and presents a vivid series of case studies of how unions operated in specific circumstances to illustrate concretely what we can conclude, how far we can speculate, and what we can never know.
Jews and Crime in Medieval Europe is a topic laced by prejudice on one hand and apologetics on the other. Beginning in the Middle Ages, Jews were often portrayed as criminals driven by greed. While these accusations were, for the most part, unfounded, in other cases criminal accusations against Jews were not altogether baseless. Drawing on a variety of legal, liturgical, literary, and archival sources, Ephraim Shoham-Steiner examines the reasons for the involvement in crime, the social profile of Jews who performed crimes, and the ways and mechanisms employed by the legal and communal body to deal with Jewish criminals and with crimes committed by Jews. A society’s attitude toward individuals identified as criminals—by others or themselves—can serve as a window into that society’s mores and provide insight into how transgressors understood themselves and society’s attitudes toward them. The book is divided into three main sections. In the first section, Shoham-Steiner examines theft and crimes of a financial nature. In the second section, he discusses physical violence and murder, most importantly among Jews but also incidents when Jews attacked others and cases in which Jews asked non-Jews to commit violence against fellow Jews. In the third section, Shoham-Steiner approaches the role of women in crime and explores the gender differences, surveying the nature of the crimes involving women both as perpetrators and as victims, as well as the reaction to their involvement in criminal activities among medieval European Jews. While the study of crime and social attitudes toward criminals is firmly established in the social sciences, the history of crime and of social attitudes toward crime and criminals is relatively new, especially in the field of medieval studies and all the more so in medieval Jewish studies. Jews and Crime in Medieval Europe blazes a new path for unearthing daily life history from extremely recalcitrant sources. The intended readership goes beyond scholars and students of medieval Jewish studies, medieval European history, and crime in pre-modern society.
Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime in the Middle Ages, 400-1500 argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. --
Focusing on forms of interaction and methods of negotiation in multicultural, multi-ethnic and multilingual contexts during Antiquity and the Middle Ages, this volume examines questions of social and cultural interaction within and between diverse ethnic communities. Toleration and coexistence were essential in all late antique and medieval societies and their communities. However, power struggles and prejudices could give rise to suspicion, conflict and violence. All of these had a central influence on social dynamics, negotiations of collective or individual identity, definitions of ethnicity and the shaping of legal rules. What was the function of multicultural and multilingual interaction: did it create and increase conflicts, or was it rather a prerequisite for survival and prosperity? The focus of this book is society and the history of everyday life, examining gender, status and ethnicity and the various forms of interaction and negotiation.
This book provides a needed overview of the scholarship on medieval public culture and popular movements such as the Peace of God, heresy, and the crusades and illustrates how a changing sense of the populus, the importance of publics and public opinion and public spheres was influential in the evolution of medieval cultures. Public opinion did play an important role, even in the Middle Ages; it did not wait until the era of modern history to do so. Using modern research on such aspects of culture as textual communities, large and small publics, cults, crowds, rumor, malediction, gossip, dispute resolution and the European popular revolution, the author focuses on the Peace of God movement, the era of Church reform in the tenth and eleventh centuries, the rise and combat of heresy, the crusades, and the works of fourteenth-century political thinkers such as Marsiglio of Padua regarding the role of the populus as the basis for the analysis. The pattern of changes reflected in this study argues that just as in the modern world the simplistic idea of “the public” was a phantom. Instead there were publics large and small that were influential in shaping the cultures of the era under review.
