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.


Law as Profession and Practice in Medieval Europe

Law as Profession and Practice in Medieval Europe

Author: Kenneth Pennington

Publisher: Routledge

Published: 2016-04-15

Total Pages: 436

ISBN-13: 1317107683

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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.


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, 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


The Profession and Practice of Medieval Canon Law

The Profession and Practice of Medieval Canon Law

Author: James A. Brundage

Publisher: Taylor & Francis

Published: 2024-10-28

Total Pages: 334

ISBN-13: 1040245684

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This latest collection of studies by James Brundage deals with the emergence of the profession of canon law and with aspects of its practice in the period from the 12th to the 14th centuries. Substantial numbers of lawyers systematically trained in canon law first appeared in Western Europe during the second half of the 12th, century and in the 13th they began to dominate the hierarchy of the Western church. By 1250 canon law had grown into something more than a profitable occupation: it had become a recognizable profession in the strict meaning of the term as it is still used today. University law faculties trained aspiring canonists in the mysteries of their craft and put them through intellectually demanding exercises that terminated in a formal examination before they received their degrees. Judges in church courts formally admitted them to practice after verifying their educational qualifications and administered prescribed rules of conduct. Particular topics are the canonists' system of legal ethics, the education and training of canon lawyers in university law faculties, and some fundamental features of the professional practice of canon law, both in medieval Europe and in the crusading states of the Levant.


The Cambridge Companion to the Age of Justinian

The Cambridge Companion to the Age of Justinian

Author: Michael Maas

Publisher: Cambridge University Press

Published: 2005-04-18

Total Pages: 743

ISBN-13: 1139826875

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This book introduces the Age of Justinian, the last Roman century and the first flowering of Byzantine culture. Dominated by the policies and personality of emperor Justinian I (527–565), this period of grand achievements and far-reaching failures witnessed the transformation of the Mediterranean world. In this volume, twenty specialists explore the most important aspects of the age including the mechanics and theory of empire, warfare, urbanism, and economy. It also discusses the impact of the great plague, the codification of Roman law, and the many religious upheavals taking place at the time. Consideration is given to imperial relations with the papacy, northern barbarians, the Persians, and other eastern peoples, shedding new light on a dramatic and highly significant historical period.


Law as Profession and Practice in Medieval Europe

Law as Profession and Practice in Medieval Europe

Author: Kenneth Pennington

Publisher: Routledge

Published: 2016-04-15

Total Pages: 595

ISBN-13: 1317107675

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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.


Sanctuary and Crime in the Middle Ages, 400-1500

Sanctuary and Crime in the Middle Ages, 400-1500

Author: Karl Shoemaker

Publisher: Fordham Univ Press

Published: 2011

Total Pages: 285

ISBN-13: 0823232689

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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. --


Law | Book | Culture in the Middle Ages

Law | Book | Culture in the Middle Ages

Author:

Publisher: BRILL

Published: 2021-02-01

Total Pages: 477

ISBN-13: 9004448659

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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.