The Medieval Origins of the Legal Profession

The Medieval Origins of the Legal Profession

Author: James A. Brundage

Publisher: ReadHowYouWant.com

Published: 2010-10

Total Pages: 650

ISBN-13: 1459605802

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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.


Law as Profession and Practice in Medieval Europe

Law as Profession and Practice in Medieval Europe

Author: Kenneth Pennington

Publisher: Ashgate Publishing, Ltd.

Published: 2011

Total Pages: 436

ISBN-13: 1409425754

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This volume brings together a set of papers by international scholars, distinguished in their own right, in honor of James Brundage. Each contribution corresponds to an important focus of Brundage's own work. The connection between the development of medieval legal thought and constitutional ideas is the theme that marks the first section, while the second centres on the growth of the legal profession. The following papers explore the intersection of law and marriage and finally the influence of legal thinking on the crusading movement.


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.


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


Trial by Fire and Water: The Medieval Judicial Ordeal (Oxford University Press Academic Monograph Reprints)

Trial by Fire and Water: The Medieval Judicial Ordeal (Oxford University Press Academic Monograph Reprints)

Author: Robert Bartlett

Publisher:

Published: 2014-03-29

Total Pages: 192

ISBN-13: 9781626548893

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Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries. In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental. Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.


Legal Practice and the Written Word in the Early Middle Ages

Legal Practice and the Written Word in the Early Middle Ages

Author: Alice Rio

Publisher: Cambridge University Press

Published: 2011-08-11

Total Pages: 312

ISBN-13: 9781107402836

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Legal formularies are books of model legal documents compiled by early medieval scribes for their own use and that of their pupils. A major source for the history of early medieval Europe, they document social relations beyond the narrow world of the political elite. Formularies offer much information regarding the lives of ordinary people: sales and gifts of land, divorces, adoptions, and disputes over labour as well as theft, rape or murder. Until now, the use of formularies as a historical source has been hampered by severe methodological problems, in particular through the difficulty of establishing a precise chronological or geographical context for them. By examining Frankish legal formularies from the Merovingian and Carolingian periods, this book provides an invaluable, detailed analysis of the problems and possibilities associated with formularies, and will be required reading for scholars of early medieval history.


The Medieval Foundations of International Law

The Medieval Foundations of International Law

Author: Dante Fedele

Publisher: BRILL

Published: 2021-04-26

Total Pages: 719

ISBN-13: 9004447121

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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).


On the Medieval Origins of the Modern State

On the Medieval Origins of the Modern State

Author: Joseph R. Strayer

Publisher: Princeton University Press

Published: 2011-07-01

Total Pages: 143

ISBN-13: 1400828570

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The modern state, however we conceive of it today, is based on a pattern that emerged in Europe in the period from 1100 to 1600. Inspired by a lifetime of teaching and research, On the Medieval Origins of the Modern State is a classic work on what is known about the early history of the European state. This short, clear book book explores the European state in its infancy, especially in institutional developments in the administration of justice and finance. Forewords from Charles Tilly and William Chester Jordan demonstrate the perennial importance of Joseph Strayer's book, and situate it within a contemporary context. Tilly demonstrates how Strayer’s work has set the agenda for a whole generation of historical analysts, not only in medieval history but also in the comparative study of state formation. William Chester Jordan's foreword examines the scholarly and pedagogical setting within which Strayer produced his book, and how this both enhanced its accessibility and informed its focus on peculiarly English and French accomplishments in early state formation.


A History of Law in Europe

A History of Law in Europe

Author: Antonio Padoa-Schioppa

Publisher: Cambridge University Press

Published: 2017-08-03

Total Pages: 823

ISBN-13: 1107180694

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The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.