Law and Order in Anglo-Saxon England
Law and Order in Anglo-Saxon England

Author: Tom Lambert

Publisher: Oxford University Press

Published: 2017-02-23

Total Pages: 380

ISBN-13: 0191089605

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Law and Order in Anglo-Saxon England explores English legal culture and practice across the Anglo-Saxon period, beginning with the essentially pre-Christian laws enshrined in writing by King Æthelberht of Kent in c. 600 and working forward to the Norman Conquest of 1066. It attempts to escape the traditional retrospective assumptions of legal history, focused on the late twelfth-century Common Law, and to establish a new interpretative framework for the subject, more sensitive to contemporary cultural assumptions and practical realities. The focus of the volume is on the maintenance of order: what constituted good order; what forms of wrongdoing were threatening to it; what roles kings, lords, communities, and individuals were expected to play in maintaining it; and how that worked in practice. Its core argument is that the Anglo-Saxons had a coherent, stable, and enduring legal order that lacks modern analogies: it was neither state-like nor stateless, and needs to be understood on its own terms rather than as a variant or hybrid of these models. Tom Lambert elucidates a distinctively early medieval understanding of the tension between the interests of individuals and communities, and a vision of how that tension ought to be managed that, strikingly, treats strongly libertarian and communitarian features as complementary. Potentially violent, honour-focused feuding was an integral aspect of legitimate legal practice throughout the period, but so too was fearsome punishment for forms of wrongdoing judged socially threatening. Law and Order in Anglo-Saxon England charts the development of kings' involvement in law, in terms both of their authority to legislate and their ability to influence local practice, presenting a picture of increasingly ambitious and effective royal legal innovation that relied more on the cooperation of local communal assemblies than kings' sparse and patchy network of administrative officials.

Capital and Corporal Punishment in Anglo-Saxon England
Capital and Corporal Punishment in Anglo-Saxon England

Author: Jay Paul Gates

Publisher: Boydell & Brewer Ltd

Published: 2014

Total Pages: 225

ISBN-13: 1843839180

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Anglo-Saxon authorities often punished lawbreakers with harsh corporal penalties, such as execution, mutilation and imprisonment. Despite their severity, however, these penalties were not arbitrary exercises of power. Rather, they were informed by nuanced philosophies of punishment which sought to resolve conflict, keep the peace and enforce Christian morality. The ten essays in this volume engage legal, literary, historical, and archaeological evidence to investigate the role of punishment in Anglo-Saxon society. Three dominant themes emerge in the collection. First is the shift from a culture of retributive feud to a system of top-down punishment, in which penalties were imposed by an authority figure responsible for keeping the peace. Second is the use of spectacular punishment to enhance royal standing, as Anglo-Saxon kings sought to centralize and legitimize their power. Third is the intersection of secular punishment and penitential practice, as Christian authorities tempered penalties for material crime with concern for the souls of the condemned. Together, these studies demonstrate that in Anglo-Saxon England, capital and corporal punishments were considered necessary, legitimate, and righteous methods of social control. Jay Paul Gates is Assistant Professor at John Jay College of Criminal Justice in The City University of New York; Nicole Marafioti is Assistant Professor of History and co-director of the Medieval and Renaissance Studies Program at Trinity University in San Antonio, Texas. Contributors: Valerie Allen, Jo Buckberry, Daniela Fruscione, Jay Paul Gates, Stefan Jurasinski, Nicole Marafioti, Daniel O'Gorman, Lisi Oliver, Andrew Rabin, Daniel Thomas.

Kingship, Legislation and Power in Anglo-Saxon England
Kingship, Legislation and Power in Anglo-Saxon England

Author: Gale R. Owen-Crocker

Publisher: Boydell & Brewer Ltd

Published: 2013

Total Pages: 320

ISBN-13: 184383877X

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The relationship between Anglo-Saxon kingship, law, and the functioning of power is explored via a number of different angles. The essays collected here focus on how Anglo-Saxon royal authority was expressed and disseminated, through laws, delegation, relationships between monarch and Church, and between monarchs at times of multiple kingships and changing power ratios. Specific topics include the importance of kings in consolidating the English "nation"; the development of witnesses as agents of the king's authority; the posthumous power of monarchs; how ceremonial occasions wereused for propaganda reinforcing heirarchic, but mutually beneficial, kingships; the implications of Ine's lawcode; and the language of legislation when English kings were ruling previously independent territories, and the delegation of local rule. The volume also includes a groundbreaking article by Simon Keynes on Anglo-Saxon charters, looking at the origins of written records, the issuing of royal diplomas and the process, circumstances, performance and function of production of records. GALE R. OWEN-CROCKER is Professor of Anglo-Saxon Culture at the University of Manchester. Contributors: Ann Williams, Alexander R. Rumble, Carole Hough, Andrew Rabin, Barbara Yorke, Ryan Lavelle, Alaric Trousdale

The Laws of Alfred
The Laws of Alfred

Author: Stefan Jurasinski

Publisher: Cambridge University Press

Published: 2021-05-27

Total Pages: 496

ISBN-13: 1108897894

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Alfred the Great's domboc ('book of laws') is the longest and most ambitious legal text of the Anglo-Saxon period. Alfred places his own laws, dealing with everything from sanctuary to feuding to the theft of bees, between a lengthy translation of legal passages from the Bible and the legislation of the West-Saxon King Ine (r. 688–726), which rival his own in length and scope. This book is the first critical edition of the domboc published in over a century, as well as a new translation. Five introductory chapters offer fresh insights into the laws of Alfred and Ine, considering their backgrounds, their relationship to early medieval legal culture, their manuscript evidence and their reception in later centuries. Rather than a haphazard accumulation of ordinances, the domboc is shown to issue from deep reflection on the nature of law itself, whose effects would permanently alter the development of early English legislation.

Case Law in Roman, Anglosaxon and Continental Law
Case Law in Roman, Anglosaxon and Continental Law

Author: María José Falcón y Tella

Publisher: BRILL

Published: 2011-08-25

Total Pages: 232

ISBN-13: 9004204172

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Case law is a widely studied field, posing a series of questions. The first issue relates to the nature of case law itself, as the term cannot be given a single meaning. There is no one definition of case law, but rather a plurality of meanings depending on the historical period and legal system in question. After an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction, and distinguishes between the case laws of the Supreme and Constitutional Courts, the European courts, and the Superior Courts of Justice of the Autonomous Communities. The book analyses these issues, among many others, in a clear and in-depth manner, from an historical and comparative approach of great interest and academic value.