Money in the Western Legal Tradition
Money in the Western Legal Tradition

Author: David Fox

Publisher: Oxford University Press

Published: 2016-01-28

Total Pages: 1158

ISBN-13: 0191059188

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Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.

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.

The Hospitallers, the Mediterranean and Europe
The Hospitallers, the Mediterranean and Europe

Author: Nikolas Jaspert

Publisher: Routledge

Published: 2016-03-09

Total Pages: 392

ISBN-13: 1317028503

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Modern study of the Hospitallers, of other military-religious orders, and of their activities both in the Mediterranean and in Europe has been deeply influenced by the work of Anthony Luttrell. To mark his 75th birthday in October 2007 twenty-three colleagues from ten different countries have contributed to this volume. The first section focuses on the crusading period in the Holy Land, considering the Hospital in Jerusalem, relations with the Assassins, finances, indulgences, transportation and the careers of the brothers and knights. The second and third sections move to the later Middle Ages, when the Hospitallers had their centre on Rhodes, and military and charitable activities in the East had to be supported with men and money from the West. The papers in the second section consider the Hospitallers on Rhodes, relations between Rhodes and the West and plans for crusades, while the third section includes papers on the Hospitallers in the Iberian Peninsula and in Hungary, the territorial administration of the Order of Montesa in Valencia, a plan to transfer the headquarters of the Teutonic Order from Prussia to Frisia, and a Hospitaller reconsideration of warfare and learning on the eve of the council of Trent. The final paper proposes new definitions and guidelines for future work on the military-religious orders. The authors include both well-known experts and younger scholars who promise to follow in the footsteps of Anthony Luttrell and to continue research into the Hospitallers and their fellow orders, these peculiar European communities avant la lettre.