Legal formularies provide modern historians with information on many aspects of ordinary life in early medieval Europe, from labour and land agreements to cases which we would nowadays associate with criminal law. This book provides a detailed analysis of formularies, setting out their problems and possibilities as historical sources.
Law and Language in the Middle Ages investigates the relationship between law and legal practice from the linguistic perspective, exploring not only how legal language expresses and advances power relations but also how the language of law legitimates power.
In medieval legal transactions the use of the written word was only one of many ways of conducting business. Important roles were played by the spoken word and by the 'action' of ritual. The relationship between 'rituals' and literacy has been the focus of much recent research. Medieval societies which made extensive use of written instruments in legal transactions have been shown to employ rituals as well. This has led to investigation of the respective functions of written instruments and legal rituals. What is the nature of legal rituals? If they included oral verbalization, how did the spoken words relate to those of the written instruments that played a role in the same legal transactions? Usually, we only have the written documents to answer these questions, and they are often silent about the rituals and oral elements of the transactions they document. Furthermore, the importance attached to written instruments and rituals may not have been the same at all levels of a society, differing, for example, between princely and local courts. The contributors to this volume discuss fifteen cases, ranging from the early Middle Ages to the eighteenth century, and from England to Galician Rus'.
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.
This is the first major study of the interplay between Latin and Germanic vernaculars in early medieval records, examining the role of language choice in the documentary cultures of the Anglo-Saxon and eastern Frankish worlds.
In 500, the legal order in Europe was structured around ancient customs, social practices and feudal values. By 1500, the effects of demographic change, new methods of farming and economic expansion had transformed the social and political landscape and had wrought radical change upon legal practices and systems throughout Western Europe. A Cultural History of Law in the Middle Ages explores this change and the rich and varied encounters between Christianity and Roman legal thought which shaped the period. Evolving from a combination of religious norms, local customs, secular legislations, and Roman jurisprudence, medieval law came to define an order that promoted new forms of individual and social representation, fostered the political renewal that heralded the transition from feudalism to the Early Modern state and contributed to the diffusion of a common legal language. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Middle Ages presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.
